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Wife forged signature on application

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K

KBT

Guest
What is the name of your state? Florida

In 1991, my wife forged my signature on a credit card application and obtained the card without my knowledge. In 2000, we divorced. In 10/2002 upon purchasing an automobile I discovered this card on my credit report. It had a balance of about $4000.00 and payments were on time. I notified the creditor that I did not hold this card nor use it and wanted it removed from credit report. After several months, I was able to obtain a copy of the original credit card application which indeed showed that my wife had forged my signature and used my income information to obtain the card. I filed a police report and forwarded it to the creditor who immediately put a "hold" on the card due to fraud.

At that time, my ex-wife dropped her credit card statement off at my home and said "since you closed the account, you can pay the bill". Well, needless to say, I did not pay the bill, as it was not my responsibility. Therefore, the card is now 7 months behind in payments.

I have since been successful in having the card removed from all 3 credit reports by signing nonresponsibility forms and the creditor is actively trying to collect from my ex-wife.

My question is . . . can I legally do anything to my ex-wife for what she did?
 


P

pass23431

Guest
What was the action taken on the police report that you filed?
 
K

KBT

Guest
No action . . . the credit card company stated I needed to supply them a police report in order to relieve me of responsibility of the debt she had accrued and remove the entry from my credit report. Also, the creditor stated that they would pursue payment from her and supposedly, if she didn't pay they would pursue criminal charges against her using the police report. However, if she paid the bill in its entirety, no criminal charges would be filed. As far as I know, she has yet to pay the debt.

I stated in the police report that the card had been applied for without my knowledge and my signature had indeed been forged on the original application. Also, that I had never made a purchase with this card myself.

I was told at the police department that it would be considered a civil case not a criminal case. Being that she did not literally take money directly out of my pocket, but only forged my name to obtain the card, that it could end with a judgement against her for as little as $1.00.

Is there no justice for the victim of such an act. I spent from October 2002 until just this month to finally clear this off my report and it's hard to believe that she did what she did with only one stroke of a pen and would only get a $1.00 judgement. Can this be true?
 

JETX

Senior Member
"can I legally do anything to my ex-wife for what she did?"
*** No. Several problems here.
1) At this point, there is no PROOF that she forged your signature.... only your statement that she did.
2) The police will not get involved since any SOL would have expired on any possible charges.
3) The civil courts wouldn't help since at this point you have not suffered any damages. If you were to pay the balance, you could then file a civil action against her.....

Absent any actual damages to you, you have no legal action available.
 
K

KBT

Guest
Thank you for your input, I appreciate it. One question though, isn't a copy of the original application with the signature on it, the proof?
 

I AM ALWAYS LIABLE

Senior Member
KBT said:
"Thank you for your input, I appreciate it. One question though, isn't a copy of the original application with the signature on it, the proof?"

=====================================

My response:

Look, this whole matter is a moot subject, and I'll tell you why - -

In every marriage, whether it be in Florida, California, or any point in between or above, a married couple are looked upon as being "agents" of each other, with the implied authority, if not express authority, to sign documents in the name of the other. This is because the courts look upon marriage as a partnership, and that things done during the marriage are for the benefit of the marriage partnership.

So, since this application was signed during your marriage, a judge would merely say that she had your "implied authority" to use your name and other information.

Sure, it sucks. But, at least in Florida, where everything is considered "separate property", you're not on the hook financially. If it were California, you would be on the hook because California is a "community property" State.

IAAL
 
K

KBT

Guest
Thanks for replying . . . I'm movin' on!!! You answered my question.
 

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