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He moved to CA with his girlfriend. He was cheeting on me and even changed things on my card when with her. I had hired 2 lawyers but spent more than $5K and nothing got resolved. Should I hire another lawyer or is there another way to get this over?

2007-01-17 02:18:08 · 32 answers · asked by myOHmy 1 in Family & Relationships Marriage & Divorce

32 answers

Were you married when he maxed your credit card? If not, sue him and get a judgment. Then you can garnish his wages and put liens on his assets, in accordance with the laws of the state in which he lives or where his assets are located, of course.

2007-01-17 02:28:34 · answer #1 · answered by Ti 7 · 0 0

You have already spent 1/2 of what he owes on the cards. It would not be worth hiring any more dead beat lawyers. First I would check in with the lawyers you have hired to resolve this matter and see what they have been doing with your money. Get the facts as to what that 5K was for. Once that is cleared up you will know what the next step will be. Definately do not spend any more big money. Second, go file for a divorce, it will only cost you 50.00 to file, and a little more to have him served. These lawyers should have done that for you as a first step. That way he would leagally be responsible for 1/2 the debt you aquired while married, and mabe in your case all of it. Get those lawyers to do some more work for you with that 5K you have already invested. If thats not possible, then file yourself, and make sure all the cc are cancelled. Continue to make pmts so you don't ruin your credit. Get your divorce and this madness will stop!

2007-01-17 02:43:24 · answer #2 · answered by sweetpea 4 · 0 0

My ex did the same thing to me when we split up. It's not worth spending funds you don't have to go after him.

Get in touch with the lending agent on your card and explain the situation. When I did that with my situation, the lending agent was more than happy to work with me. It took me two years to pay it off. You have the same problem I have, in that my ex used the card, but has no responsibility for the payment. That's probably why the lawyers couldn't help you.

Keep records of all your payments and make sure your attorney has them for the divorce settlement, however. You may be able to recover some or all of the expense as a part of your settlement. Make sure you keep the itemized statements that show where the 10K was spent.

Remember that the best revenge in a case like this is success. You will prevail. I felt wonderful, knowing I'd not let this destroy me or my credit rating. You can do it.

2007-01-24 23:36:11 · answer #3 · answered by Becca 1 · 1 0

Sorry, If his name is not on the card, nothing you can do. If he admits he owes you the money that he spent on the card or you can prove that he bought it and forged your signature (FRAUD)then you may have a case in small claims court. But if you would have taken the 5k you spent on lawyers and put that toward the credit card the debt would be half, I would move on and pay the card off and chalk it up as a lessoned learned. Be glad it was not more than 10k. You are upset he was cheating (which is wrong) and that he ran off with another girl (which is wrong plus hurt your feelings, and being rejected) which are natural feelings and I am sorry he did this and took advantage of you. Forgive him for youself, but don't forget what he did. He might be on his way back to you, when he finds out she not the one or he screws her over. Good Luck and God Bless.

P.S. -- You are important and God will put someone in your life when he is ready to. So trust in him and he will deliver.

2007-01-23 19:18:42 · answer #4 · answered by 1TON 3 · 0 0

There's not much you can do besides take him to small claims court... You ought to take those lawyers you hired to small claims court as well... the money would have been better spent if you had put that $5000 toward the credit card bill... If you were married to this guy he is responsible for at least half of the bill... If you weren't married he may not be responsible at all for any part of the bill...

2007-01-17 02:29:03 · answer #5 · answered by deakjone 4 · 0 0

I am so sorry to hear this. I didn't see what the others advised but here is my take: I am in the UK and I know that chasing folk who used credit cards not belonging to them and who are committing fraud is a tedious job not designed to let you win outright.

If it IS a proper credit card (we also have Visa "debit" cards here which are NOT protected) then it is possible, within a period of time agreed with your card company, to claim compensation from THEM for these "fraudulent" transactions (especially those he charged when no longer "with" you!).

But chasing HIM for money is another ballgame. He cannot be MADE to pay unless you have a LOT of money to chase him with and THEN he can claim hardship and repay you at a court set amount which might be the equivalent of £5 per month for several lifetimes.

I know this from personal experience- I won a court case against someone who had caused artwork of mine to be stolen while they were in his care and supposedly insured by him.

I won. I had the court judgement AND served him a Sheriff's Officer's letter to pay me. And he just didn't. What could I do? I could continue to pay to have him MADE to pay (that he HAD to pay me was all the court judgement stated) or thrown in jail (debtor's prison) but hey- most courts would have agreed that he was hard up and that I had to accept £5 a month to pay for the £3,000 worth of paintings. I would have had to wait 50 years to be repaid.

So- save your money chasing HIM and see if ANY of his expenditure can be claimed back through your credit company (but I guess you already know this... :-( ).

Do not hire another lawyer unless you have a "no win, no fee" agreement. Some lawyers (in the UK, as I have a LOT of experience with them on personal and business levels) are pro-active and others are just "going through the motions". Frustrating when you expect them to DO something for their money!

All the very best!

2007-01-24 23:04:47 · answer #6 · answered by Anonymous · 0 0

First of all GET RID OF YOUR LAWYER
Second: When he made those bills can you prove it?
Third : If so ----
Look at all paper work, take yellow marker under line all he made.

Go to court house (Small Claims Court) Serve him.
Make sure you have all legal paper work done right!!

Note: I don't know what your small claims goes to there (I'm in Canada) but take it to as high as you can (Even if you have to discard money so what! Better some than none)

Also get his mailing address and serve him letters (Registered) monthly in legal fashion.

Once you get court judgement follow through don't give up.

LET IT GO TO COURT

If you want once judgement put into the hands of an collection.
(They may get a cut but they add interest and will wreck his credit)

PS. It is so important that you take it to court because it is then through courts that he owes you. So that you don't have to keep going through this.
IT WRECKS HIS CREDIT UNTIL CLEARED

Good Luck :)

2007-01-23 08:52:48 · answer #7 · answered by Bluelady... 7 · 0 0

Firstly sue the bank for allowing another person u r not married to, for allowing someone to change details of ur card without ur authority... Thats if that was the way it happend. Then get a printout of all purchases that he had run up, prove ur wereabouts and how it is possible that this was done by him, obviously he would have had to sign the purchase reciept, then get a lawyer who isnt going to sucker u.

2007-01-25 00:32:07 · answer #8 · answered by channy_330pointblank 2 · 0 0

If he had your permission to use the card, then you are stuck with that bill. Unless you can provide proof that he did not have permission to use that card except for purchases you designated then he is guilty of credit card fraud, theft, and numerous other felonies.

If you live in Utah, the state would prosecute him.

Call your credit card issuer, talk to them about this issue. Each bank has different policies to handle situations like this ask them if it's possible to go after your ex for this debt.

I'd also check with a collection agency to see if they have any pointers on how to collect this debt.

2007-01-17 02:28:22 · answer #9 · answered by Anonymous · 1 0

You could just forget the lawyers and take him to small claims court. Even if u can't recover everything he owes u at least u can get some of it back and it is alot less costly than hiring a lawyer.

2007-01-17 02:21:06 · answer #10 · answered by Amber 6 · 2 1

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