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POA Abuse... can anything be done?

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cpayton

Junior Member
What is the name of your state (only U.S. law)? Virginia-- issue took place in NC.

If I am not in the right forum, please direct me to the right one.

My husband was married before and is now divorced. He is in the Marine Corps. He got married to this girl a couple weeks before he set off on a deployment (I think it was a 6 month deployment). Before he left, he gave her power of attorney (he is pretty sure it was a general POA--I know, it's bad news). I know that giving a general POA basically gives the person the right to do whatever on your behalf, but this girl abused it and one of the main issues is regarding auto insurance. At the time, my husband had a truck that was solely in his name because his wife didn't have a license, and he wrecked it. He never got any insurance money for it otherwise he'd still have had this truck. He had a loan for this truck through Navy Federal CU. Well because he could never fix the truck, I assume it was repossessed because he didn't want to pay a loan on something he no longer had (I know, that was not a smart thing and he knows it too). He has kind of avoided the whole issue until recently when I told him he NEEDS to address these things because all this stuff is hurting his credit (and it is ultimately because of his ex-wife). I am trying to help him get his credit straight and this car loan issue is the biggest hit on his credit.

Now, jumping ahead a couple years.... he was separated from his ex I think from August 2006 until their divorce was final in March 2008. In February 2008, he bought another truck, and when he was at the dealership talking to who I assume was his current insurance company, they asked about this previous truck and whether he had gotten insurance money for it after the wreck. He told them no, but somehow this insurance company saw that the old insurance company of his previous truck HAD sent a check for the purpose of paying for damages. Now we are trying to contact this insurance company to get a copy of this check to find out when they sent it, who cashed it, when it was cashed, and through what bank. I am not sure whether this check came when he was deployed or not, but what we think happened was that his wife at the time got a hold of this check and cashed it and didn't use it to pay for the damages on the truck. Even if he wasn't deployed, she could have very well just gotten the mail and not told him about it...

Anyway, what I want to know is that IF she did cash this check, was she legally allowed to do so since she had POA? And if she was technically allowed to do that, can she get in trouble with this insurance company for not using that money for what it was supposed to be used for? The NFCU debt for this loan is almost $12,000. We don't know what we will do if we have to bite the bullet on that. He would have still paid for that loan had he gotten that check from the insurance company to pay for those damages, but he never saw the check.

Even if she was legally allowed to cash the check, is there anything that can be done since she was obviously abusing her POA? She also managed to spend all his money while he was deployed by purchasing things for the guy she was cheating on my husband with. I think she opened a cell phone account in his name and never paid the bill.... she just majorly has ruined his credit. I just feel like SOMETHING should be able to be done about her...


ALSO where does he have to go to get a copy of the POA he gave her?
 


cpayton

Junior Member
AGAIN, thank you for your concern that this post is seen 3 times. I didn't know what forum to put it under. How about being helpful?
 

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