oh somebody PLEASE help me

What is the name of your state? Wisconsin

Hello, I hope this finds everyone well.
When my ex husband and I were seperated, but still legally married, we had a Sears credit card, credit limit of of $300.
His name was on the card, but it was MY name that was signed on the back of the card, and MY named I signed to the charge slips.
He now denies he knew anything about it. He wants me jailed for fraud. Please someone give me advice!!
Thanks in advance

2irish said:

What is the name of your state? Wisconsin

Hello, I hope this finds everyone well.
When my ex husband and I were seperated, but still legally married, we had a Sears credit card, credit limit of of $300.
His name was on the card, but it was MY name that was signed on the back of the card, and MY named I signed to the charge slips.
He now denies he knew anything about it. He wants me jailed for fraud. Please someone give me advice!!
Thanks in advance

Click to expand...

My response:

I have no idea what you're trying to say with this - - "and MY named I signed to the charge slips."

Look, leave out the emotions, fix your sentence, and then be more specific about what's going on, and how you got there.

IAAL

well, what im saying is that i signed my name to the charge slips and not his, and it was my name on the back of the card, not his. his name was on the acct but we were married. he knew about the card but is now denying he did.

Your name on the back of the card is irrelevant.

Wisconsin is a 'community property' state so your signing DURING the marriage shouldn't be a problem.

The key to this is.... have you signed his name to any charges since you were divorced (assuming you are now divorced).

2irish said:

well, what im saying is that i signed my name to the charge slips and not his, and it was my name on the back of the card, not his. his name was on the acct but we were married. he knew about the card but is now denying he did.

Click to expand...

My response:

Just look at him, and start laughing. As long as this was done DURING your marriage, it doesn't matter who's name was on the card and who signed the charge slips.

Wisconsin is a community property State, and anything either of you did during the marriage, you're both on the hook. So, both of you owe this debt, and it DOESN'T matter whether he knew anything or not. It's not "fraud" - - it's marital debt.

You know, in California, where I practice law, we too are a community property State. Many times, couples who are separated start credit cards without the other even knowing about it - - and charge up the wazzoo!

Then, when it comes time to split the assets and debts, that's when the other spouse gets hit with a huge debt! And, it doesn't matter what the other spouse knew or didn't know. They're both on the hook.

So, tell him to shut up. He doesn't know what the hell he's talking about, and then ask him, "Hey, jerk - - where's your share of this bill? I want $150.00."

IAAL

thank you very much both of you!!
in answer to your question, yes we were married at the time of the charge card.
as for the other question, there was a phone i had in his name, that he also knew of. he sent me an email (which i kept) saying he wanted his name off the bill.
i sent a reply back (i kept that as well) telling him how to do it, and he never did. the only way i was able to get the phone cancelled was when i moved. the final bill will be paid this week.

2irish said:

What is the name of your state? Wisconsin

When my ex husband and I were seperated, but still legally married,

Click to expand...

Was this a legal separation?

no it wasnt. (at least i dont think so)
he served me with divorce papers in july 1999. we didnt start going to court until ABOUT very end of 2001, divorce was finalized in january 2002.

another question i have is this:
he only has supervised visitation of our daughter bc the courts saw he wasnt doing anything for her (calling, emailing, etc. he was in the marines and the courts recommended he do this, he didnt). he flat out refuses to call her because he wants nothing to do with me
i know hes doing this to get custody of kailey. do i have anything to be afraid of?

"do i have anything to be afraid of?"
*** Of course you do. Could be snakes or spiders, or things that go 'bump' in the night. Were you thinking of anything in particular??

oh my..LOL...ok ill take that as a hint to be more specific

as you read, my ex is trying to get me for fraud.
what it boils down to is that he knows the best way to get to me is through my kids. he sees this as a way to get custody of kailey. do i have to worry about losing custody of her over this?
repeating again, this is a man who NEVER calls her, emails her and barely remembers her birthday

"do i have to worry about losing custody of her over this?"
*** Based solely on the information in your post, I wouldn't lose any sleep over it.

i forgot to mention one thing last night:
yes, we were married, but i was living here and he was stationed in north carolina. the card was done here. does that make any difference?