I am currently disputing a claim that I am a co-debtor. I was an authorized user on my ex-wifes credit card and could not have my name removed from the account, because I am not the primary account holder. I have not received any gain from the use of the card. Regardless, it is on my credit report and I have been trying to resolve this issue with the credit collection agency. They suggested I file a fraud affidavid. I recently found out that my ex's bankrupcy will go into affect in two months. Will I be held liable for paying the debt even though I was an authorized user? Should I still file the fraud affidavid with the Federal Trade Commission even though she explained to me that her lawyer was taking care of the co-debt situation?
2007-03-26 18:45:58 · 14 answers · asked by Sparks 1 in Politics & Government ➔ Law & Ethics
No, I would not file a "fraud" affidavit unless you can prove your ex-wife signed your name as a co-applicant on the debt in question, as YOU could end up being charged with filing a false report.
An authorized user is someone who is authorized to use the account, but NOT LIABLE in the event of a default.
All the collection agency and collector cares about is getting the money or covering their own rear end; don't buy into it.
Your ex's bankruptcy recuses her from the debt; not you if you are a joint debtor...then the FULL responsibility would fall on you.
Best way to address this is not to depend on your ex-wife or her attorney, which is working for your ex, not you. Address each and every creditor, along with a dispute to the credit bureau that may be reporting the debt delinquent to provide you with proof that you signed the application/agreement indicating that you agreed to be a joint debtor on the the credit. If the creditor cannot prove that you owe the debt within 30 DAYS, you have the legal right to ask that the credit bureau to remove the reporting from your credit report (if they don't, they can face civil and legal penalties). Trust me, if they can't prove it, they will.
2007-03-26 19:20:40 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
I want you to talk to your lawyer or her lawyer for advice 1 and 2 opinion before you file any fraud affidavit you should talk to the federal trade commission about your situation. It is your credit that will in pact you for 7-10 years. I am sure you will have to pay since it goes to the collection agency. I would check first before you do anything. I do know that the law of Bankruptcy is changing from the past and I wish you good luck and be polite when you deal with the people from a collection agency. I am sure you have a way out. Good luck for everything.
2007-03-26 18:59:42 · answer #2 · answered by ryladie99 6 · 0⤊ 0⤋
Your divorce should have taken care of all these legal monetary and credit issues. That is what divorce attorneys do; tie up credit and money issues.
If you were not actually married and did not get divorced and you did not call the credit card company and get your name off the credit cards; then you are liable.
If you did pay a lawyer for a divorce then you call the lawyer and make the lawyer straighten it out because in the divorce papers it says neither of the persons involved in the divorce can use the credit cards or keep a loan that is in the other person's name even if it is a joint account.
2007-03-26 18:51:43 · answer #3 · answered by Anonymous · 1⤊ 0⤋
An authorized user is also an authorized debtor. I've been down this road, even with the promise that the Ex's attorney was going to take care of ME.
When my ex and I were married, I co-signed a loan with her to buy a new car for HER. She divorced me (after 18 years of marriage) about 7 months after I co-signed the note. The divorce attorney gave me MY car, and gave her HER car, and told us we both had 30 days to notify each creditor of this. We both did that. However....3 months after divorcing me, my Ex realised she couldnt afford her car payment so she filed a Chapter 13 Bankruptcy. Her attorney said that I would be fine, because the divorce decree showed the debt was hers and not mine. WRONG.
She filed the Bankruptcy, and was killed in a car wreck a few months later. The creditor began calling me, and wanted 8 months of back-payments to put the loan in a current status, or they were going to repo the car, and sue me for the difference. I checked all the law books and guess what? Divorce judges have no jurisdiction over debt. They can make one person pay one bill, and another pay another bill, but they cannot keep a creditor away from you if they decide to collect on your Ex spouses debt..if you co-signed the note, or if you are listed as a co-ANYTHING.
So today, my Ex (god rest her soul) got her car repo'd and I am awaiting the bill from the creditor for the expenses they were out in auctioning the car. They will take what is owed on her car, add the expenses, and subtract any payments that we made....the end result will be what I owe.
The next step....I will be in Bankruptcy court very soon and all my bills are current and paid on time. My credit score went from a 795 to a 590 because of the car repo that her attorney said he would take care of.
Its a tough lesson to learn but from now on, I dont care how much I love my partner, I will nevr EVER put my name on anything that isnt mine.
2007-03-26 18:58:16 · answer #4 · answered by Dan The Answer Man 3 · 0⤊ 0⤋
It depends on if or not the debt was made while you were still married. Did you buy anything with the cards? If so, then you will be held liable.
If he files bankruptcy, then the best thing for you to do is to file it, too. I know this situation. I was stuck in the middle. I've been divorced from my second husband for 12 years now, and his stuff is still on my credit report. They will not remove it. It's totally pathetic, isn't it? He created the mess, and now I have to deal with it.
2007-03-26 18:51:04 · answer #5 · answered by chole_24 5 · 0⤊ 0⤋
I would still file the fraud thing. No you are not held accountable for the account but it will stay on your credit report if you don't write and ask them to take that off.
2007-03-26 18:49:24 · answer #6 · answered by Peggy Pirate 6 · 0⤊ 1⤋
Just dispute the account as not mine..
Still cool with the ex wife? Have her write a letter saying that the account is not yours.
-Chris
2007-03-26 18:48:39 · answer #7 · answered by Chris L 2 · 2⤊ 0⤋
I'd consult a lawyer and see what he has to say about you filing a fraud affidavit.
2007-03-26 18:49:34 · answer #8 · answered by Rmprrmbouncer 5 · 0⤊ 0⤋
It's not going to work. Lesson #1: don't drag your feet when it comes to financials. You should have forced the ex to get your name off the account. MOB = money over bitches
2007-03-26 18:50:06 · answer #9 · answered by Anonymous · 1⤊ 0⤋
if your not the primary card holder, it will not effect you.
My husband just filed because of debt before our marriage and he was on my credit cards ( me as the primary card holder) and it didnt effect me, or him.. those cards his name was on actually gave him a good credit score.
2007-03-26 18:49:15 · answer #10 · answered by KLG 2 · 1⤊ 0⤋