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Cause or Motion for Contempt on divorce-time limit?

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Pinto

Member
What is the name of your state? Oregon
My wife was ordered,by the Court, to pay off a credit card bill,upon receiving a cash settlement . This was in 1996. She still has not paid off that credit card bill .I closed the account following the divorce and this non payment is hurting my credit rating.
She has only paid token amounts over the years,usually just the interest amount.
Is there a time limit that affects my ability to file a motion for contempt or cause for contempt?
This has been a stressful issue as she forged my name to an application to get the credit card secretly and I did not know about it until the divorce settlement. It's in my name unfortunately and the credit card holders will not take my name off the account.
 


LdiJ

Senior Member
Pinto said:
What is the name of your state? Oregon
My wife was ordered,by the Court, to pay off a credit card bill,upon receiving a cash settlement . This was in 1996. She still has not paid off that credit card bill .I closed the account following the divorce and this non payment is hurting my credit rating.
She has only paid token amounts over the years,usually just the interest amount.
Is there a time limit that affects my ability to file a motion for contempt or cause for contempt?
This has been a stressful issue as she forged my name to an application to get the credit card secretly and I did not know about it until the divorce settlement. It's in my name unfortunately and the credit card holders will not take my name off the account.
Have you attempted to prove to the credit card company that you didn't sign the application?...or did you allow the credit card company to believe that you complied with the application? Its been 10 years now so it could be tough for you to fight the bill....and therefore its effects on your credit rating.

However you could certainly file for contempt on your ex. That won't repair your credit, but it could give you a judgement against her.
 

Pinto

Member
Motion for Contempt

I notifed the Credit Card Co. that the application was forged and even sent them copies of the forged application with the forged signature and also my signature and one could easily see that the application was not my signature.
They told me that even though she was the one that applied in my name,I should have been aware of it and therefore it was my responsibility.

Is there a time limit on actions like a Motion for Comtempt filiing?
 

LdiJ

Senior Member
Pinto said:
I notifed the Credit Card Co. that the application was forged and even sent them copies of the forged application with the forged signature and also my signature and one could easily see that the application was not my signature.
They told me that even though she was the one that applied in my name,I should have been aware of it and therefore it was my responsibility.

Is there a time limit on actions like a Motion for Comtempt filiing?
The credit card company is full of it. Which is why they haven't sued you for the unpaid balance. I would suggest getting an attorney to sue them for the damage to your credit rating and to try to force them to remove the debt from your credit report.
 

Ohiogal

Queen Bee
LdiJ said:
The credit card company is full of it. Which is why they haven't sued you for the unpaid balance. I would suggest getting an attorney to sue them for the damage to your credit rating and to try to force them to remove the debt from your credit report.
Actually you are wrong about that. There is case law to support that if he knew or had reason to know that someone could and/or would forge his signature and he did not take steps to stop it then he is responsible for whatever resulted from the forgery. This happens often where people have allowed their spouse to sign forms/cards/other items with their name, have had access to their financial information and what not. The case law is extremely specific about that and the credit card company actually told him correctly.
 

LdiJ

Senior Member
Ohiogal said:
Actually you are wrong about that. There is case law to support that if he knew or had reason to know that someone could and/or would forge his signature and he did not take steps to stop it then he is responsible for whatever resulted from the forgery. This happens often where people have allowed their spouse to sign forms/cards/other items with their name, have had access to their financial information and what not. The case law is extremely specific about that and the credit card company actually told him correctly.
There is also case law in the opposite direction...a great deal of it. This is identity theft.

He has proven to the credit card company that he did not sign the application. The credit card company has NOT sued him...but has merely left it on his credit report. Why? Because they know that they cannot win in court, but hope that he will eventually give up and pay them in order to fix his credit.

Many, many creditors pull this kind of stunt....particularly in divorce situations. They just want to collect from SOMEONE. Most creditors also won't even remove wholely inaccurate information from someone's credit report without being threatened with court. Again, they want to collect from SOMEONE.

I deal with this sort of issue all of the time in my professional arena. If he is agressive with the credit card company he CAN get this removed from his credit report.
 
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Ohiogal

Queen Bee
LdiJ said:
There is also case law in the opposite direction...a great deal of it. This is identity theft.

He has proven to the credit card company that he did not sign the application. The credit card company has NOT sued him...but has merely left it on his credit report. Why? Because they know that they cannot win in court, but hope that he will eventually give up and pay them in order to fix his credit.

Many, many creditors pull this kind of stunt....particularly in divorce situations. They just want to collect from SOMEONE. Most creditors also won't even remove wholely inaccurate information from someone's credit report without being threatened with court. Again, they want to collect from SOMEONE.

I deal with this sort of issue all of the time in my professional arena. If he is agressive with the credit card company he CAN get this removed from his credit report.
He has to prove that this is identity theft and he did not give his wife any expressed or implied consent to do such a thing and that he took reasonable steps to stop it. If he can prove it is identity theft that is a different issue. But just saying he didn't sign it is NOT enough.
 

LdiJ

Senior Member
Ohiogal said:
He has to prove that this is identity theft and he did not give his wife any expressed or implied consent to do such a thing and that he took reasonable steps to stop it. If he can prove it is identity theft that is a different issue. But just saying he didn't sign it is NOT enough.
Again, I must disagree with you. Financial law is very different than family law....which is what we tell posters here all of the time.

The very fact that the family law judge ordered her to pay off the debt indicates that he did not give her any kind of expressed or implied consent to do such a thing.

And again, the very fact that the credit card company has not sued him is a clear indication that the credit card company is using his credit report as a form of coersion.

Again, and I will repeat...If he is agressive (as in with an attorney) he can get this debt removed from his credit report.
 

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