Girlfriends ex-husband filed bankruptcy, creditors coming after her

[Garrocc]

Washington State
This may not be the right forum, so I'm cross posting.

My girlfriend has been divorced for over 3 years, she has 3 children and is the primary care-giver, sharing joint custody with her ex-husband, hes providing child support.

She's gotten into a possible financial mess with her ex-husband and I'm trying to convince her to get legal counsel asap, but she's hesitant because we don't have a much money and she's hoping to keep things amiable with her ex.

It's a bit complex, here's the problem as I know it:

She and her ex had a credit card with a home supply store. This account supposedly was not included in the original divorce in that it was left open under both their names. My girlfriend says' she didn't know about it during the divorce because it was at a zero balance and there were no bills coming in on it so it got overlooked.

After the divorce her ex started using it and ended up being late on payments. She found about it when she started receiving letters and calls about the late payments. She took it to her ex and supposedly he paid it off. She then contacted the company and had the account closed. This was about a year and a half ago.

Last month her ex contacted her and told her that he was receiving bills for the account with her name on them. He explained that he had "applied" for a new credit card with the same Home Supply store, but instead of starting a new account he claims' they reopened the old account that had her name on it. Supposedly he didn't know about this and thought it was a new account. He ran up a bill of over $2500.00

Now he's filed for bankruptcy and included this account. Since he's going through bankruptcy he says they are now sending bills to his house but with her name on the bills for the debt on the account he reopened.

He then told her that he wanted to send them a letter as if it was from her, but she told him no, he wasn't to do anything on her behalf until she knew exactly what was going on. So he sent her a copy of a letter and told her to send it to them exactly as it appears but not to sign it. The letter appears to be from ether a credit debt reduction service or maybe a lawyer, it basically requires them to provide proof that they have a signed contract from her for the responsibility of the debt and they are violating the fair debt collection act if they do not comply and if they fail to respond she will sue them for $5000.00, the letter also includes a field for the name of her attorney which she doesn't have yet.

She told him before she did anything she wanted a notarized letter from him stating that the account was opened against her knowledge and he is solely responsible for the debt on it. He replied that he would never write or sign anything claiming responsibility for the debit because it would "mess up" his bankruptcy and that she could ether send the letter or not he didn't care anymore.

On a side note, he's also told her he'll not be able to pay child support on the first of the month because his bank account has been frozen. Apparently in their divorce there was never a due date set on when he is suppose to pay and he's done this before, he's always finally paid but he's left her hanging for up to 3 or more weeks before paying sometimes, leaving her in dire financial problems but with little she can do about it or so she believes.

What is her best course of action? Should she send this letter? Should she take him to court?

I know she needs an attorney hopefully your answers will help convince her.

Thanks in advance.

[sittinpretty]

1. It's doubtful that the credit card company would open an account in her name without a written application.
2. Unless he opened the account with an initial purchase that created the overdue balance, there had to be a card****************************with HER name on it.
Your girlfriend needs to contact the company that issued the card and make them explain how they opened an account for her without her knowledge. Once done, don't be surprised if the bank wants her to press charges for identity theft. Best to you.