who's responsible? is this forgery?

[ChristinaT]

We are in Louisiana and have a question about a credit card. My husband's ex-wife got a credit card in his name and did not pay the bill. We get a call from a collection agency on Thanksgiving (of all days) wanting to settle for a few hundred less than the total amount owed - but we had to pay by the end of November. My husband knew he had never applied for a card at this department store because he has never shopped there. I am now fighting with the collection agency to get a copy of the application and also receipts showing the signature so we can prove it was not my husband that did it. In the mean time I did pay them the settlement amount so it can stop hurting our credit. In my husbands divorce papers (Oct 1999) it states that any debts before Jan 1, 1999 will be paid by him, any debts after that date is the reponsibility of the party that the debt is for. My questions are....1. If the ex wife got a credit card in my husbands name while they were still married is this forgery? 2. If it is forgery would that mean that she will be responsible for the bill if it was charged before Jan 1, 1999 - since my husband didnt know about it? 3. What is the max sentence for forgery in Louisiana? I am trying to collect the money from the ex wife because my husband hated the fact that I paid for it when he knew nothing about it, but I was mainly thinking of our credit report and didnt want to mess it up. Please help...any advice is greatly appreciated.What is the name of your state?

To answer questions from response....My husband is a truck driver and gone most of the time so he is not home to deal with this matter. Looking a pics of my husband in the past and also knowing how he dresses now, I know for a fact he has never purchased anything in this department store --- it is not his style at all. My husband is a western style person and this store sells DKNY, Polo etc. so there is no doubt in my mind. My husband was home for Thanksgiving and he did contact the department store asking for a copy of the credit card application along with any and all receipts with signatures. He was told to mail a letter requesting that info to them and they will get back with us. I am the one that typed the letter and dropped it in the mail box so I know it was done. He called back a few days later to check on the status and was informed that they no longer have the info because it was turned over to collections and that he had to go through the collection agency to get that info - I heard all of this because he was on speaker phone. He then called the collection agency back and by this time it was the end of the month and was about to show on our credit report as a "debt that was attempted to be collected that we ignored" (according to the collection agency) so I felt we had no choice and had to pay it to save our credit. Now my husband is back on the road and I am trying to still get the application and receipts from the collection agency. Once we have this information in hand we will then turn it over to the proper legal person to get something done if the ex wife still does not pay. I am trying to be nice in the matter and give her a chance to pay on her own before taking her to court.

[moburkes]

Why didn't your HUSBAND dispute this with the original creditor? What hasn't it disputed it with the credit bureaus? How do you know that ex-wife did this? Has husband filed a police report?

[debtcollector`]

Originally Posted by ChristinaT

... I am now fighting with the collection agency to get a copy of the application and also receipts showing the signature so we can prove it was not my husband that did it.

Not going to happen sort of discovery in court and even then questionable. Now that it's paid -- a snowball arcing through Hades has a better chance.

Originally Posted by ChristinaT

In the mean time I did pay them the settlement amount so it can stop hurting our credit. In my husbands divorce papers (Oct 1999) it states that any debts before Jan 1, 1999 will be paid by him, any debts after that date is the reponsibility of the party that the debt is for.

Divorce decrees are not binding on creditors in any state other than Maine. You folks would have to go after her to recover the money.

Originally Posted by ChristinaT

My questions are....1. If the ex wife got a credit card in my husbands name while they were still married is this forgery?

No. However, it could be ID theft.

Originally Posted by ChristinaT

2. If it is forgery would that mean that she will be responsible for the bill if it was charged before Jan 1, 1999 - since my husband didnt know about it?

Your premise is wrong -- it could be ID theft, however, no he is responsible for it. Especially if it occurred during marriage to his ex. His responsibility was proved by his paying it.

Originally Posted by ChristinaT

3. What is the max sentence for forgery in Louisiana?

Why?

Originally Posted by ChristinaT

I am trying to collect the money from the ex wife because my husband hated the fact that I paid for it when he knew nothing about it, but I was mainly thinking of our credit report and didnt want to mess it up.

Then you did what you needed to. Suck it up and move on.

Originally Posted by ChristinaT

To answer questions from response....My husband is a truck driver and gone most of the time so he is not home to deal with this matter.

Great, so you did. Suck it up and move on.

Originally Posted by ChristinaT

Looking a pics of my husband in the past and also knowing how he dresses now, I know for a fact he has never purchased anything in this department store --- it is not his style at all. My husband is a western style person and this store sells DKNY, Polo etc. so there is no doubt in my mind.

Perhaps, however no one else will have the same lack of doubt. Although a DKNY dressing truck driver would be humorous to see.

Originally Posted by ChristinaT

My husband was home for Thanksgiving and he did contact the department store asking for a copy of the credit card application along with any and all receipts with signatures. He was told to mail a letter requesting that info to them and they will get back with us.

Not going to happen.

Originally Posted by ChristinaT

I am the one that typed the letter and dropped it in the mail box so I know it was done. He called back a few days later to check on the status and was informed that they no longer have the info because it was turned over to collections and that he had to go through the collection agency to get that info - I heard all of this because he was on speaker phone. He then called the collection agency back and by this time it was the end of the month and was about to show on our credit report as a "debt that was attempted to be collected that we ignored" (according to the collection agency) so I felt we had no choice and had to pay it to save our credit.

That's rich. His credit report would say nothing of the kind. It would simply show that there is an outstanding collection account.

Originally Posted by ChristinaT

Now my husband is back on the road and I am trying to still get the application and receipts from the collection agency.

I wouldn't waste your time.

Originally Posted by ChristinaT

Once we have this information in hand we will then turn it over to the proper legal person to get something done if the ex wife still does not pay. I am trying to be nice in the matter and give her a chance to pay on her own before taking her to court.

And I hope she does. But let's be serious for a moment. There is very little that you are going to be able to do. This is a messy domestic issue between your husband and his ex -- why would you want to get in the middle of it? It's like fighting with a pig. Everyone gets dirty and the pig loves it.

DC