I'm currently getting a divorce. The main reason, my wife forged my name on several credit card applications with out my knowledge or concent and then ran up massive amounts of debt.
So much so, that after cashing out my retirement account (little more than $67,000) and paying what I knew about, there is still roughly $30,000 in debt out there.
According to the police and every lawyer I consulted they say what she did was legal and that I can take no action against her for doing it. But does it make it right?
2007-04-03 13:37:25 · 23 answers · asked by Tom P 1 in Family & Relationships ➔ Marriage & Divorce
I had the same problem, and went to the credit card company, and said I never appied for the cards and they had to prove it. It ended up it was not my signature on the application so I was not liable. the only thing that saved me was I never used the cards, if I did then you have given consent as if you applied...
2007-04-03 13:43:06 · answer #1 · answered by skcs11 7 · 2⤊ 0⤋
Well, you could have filed for bankrupty, maybe? Which would ruin your credit rating but would be erased after 7 years (I think it's 7 years!).
I mean you're paying a total of $97,000 out of your own pocket. If this was all your money than you'd be pretty low on cash anyway. The question is really can you re-save $97,000 in 7 years?
This situation sucks. What I don't understand is the following: this seems to be a clear-cut fraud case. It seems that you can prove that she forged your signature. And what she did was NOT legal!!! You need to find a lawyer who knows about fraud cases and identity theft! Whoever gave you advise until now is wrong, so wrong.
And why were you so willing to just fork over all your savings without a fight? I mean, if she had charged all that money on your credit cards with your permission, that would be a different story. But she fraudulently got those cards under your name.
Surely there must be a way to file charges against her. And perhaps you can get some of your money back? Maybe her wages can be garnished, if she has any income at all. Even if it's little at least it'll hurt her financially as much as it hurt you!
Try not to pay any more money until you find a lawyer that specializes in fraud and identity theft. Also, some insurance policies cover identity theft - some home/ rental insurances do too. Check up on that. Maybe your insurance policy can help somewhat. Some credit companies also have a protection against identity theft, a limit up to which you can be held accountable. You might yet get your money back, or at least part of it.
...and on the divorce: check out your pension plan again. Make sure that she does not have any potential future claims. I am assuming that she was your dependent, perhaps. Protect your pension (I take it that you still keep paying into it or will start again!). That is, once you retire, she should not have the right to receive part of your pension. Or even, worst case scenario, if something happens to you, the monies you paid into the pension should not go to her but to another beneficiary that you can designate. And that goes for any other assets or benefits that you have (e.g. health insurance).
Good luck!
....and be positive...true love will find you. Make sure your next love has a stable job and makes good money.
2007-04-03 14:07:21 · answer #2 · answered by Nina 5 · 0⤊ 0⤋
No, it doesn't make it right and it's a shame that you had to cash out your retirement to clear your own name. I wonder if you could approach the creditors and seek to have the remaining debt shared between the two of you since it was incurred while you were married. 50/50 is the rule of thumb during a marriage and divorce isn't it? If you could pass some or all of the remaining debt to her, and some how prove to the creditors that those signatures are not yours it might at least give her back some of the medicine she gave you.
2007-04-03 13:41:36 · answer #3 · answered by hr4me 7 · 1⤊ 0⤋
Did she actually forge your name, or just open accounts that you are now legally responsible for half of? I would think that if she forged your name.. that has to be illegal, even if you were married at the time. I don't see how someone could sign another persons name in a case like that and have it be legal. You might have to press charges to have anything done about it.
If they were just accounts she opened in her name without your knowledge, then yep you are responsible for paying half of them.
2007-04-03 13:57:39 · answer #4 · answered by whm 3 · 0⤊ 0⤋
Doeen't seem fair but law is not about being fair... but that really sux. What a cow.... but it sounds in fraud.. so you shouldn't be held liable... and she should go to prison if it is...... and the credit card company should try to claim from an underwriter.
Laws are just sanctions made by society to try and prevent someone from doing something that society has decided ought to be prevented.... otherwise, the fact is that anything goes.
If you want it changed... lobby your Senators because Judge made law is a very slow process.
2007-04-03 14:15:02 · answer #5 · answered by Icy Gazpacho 6 · 1⤊ 0⤋
No, it doesn't make it right but the law is the law. If a husband or wife does something like this they consider because you were married. You have learned a expensive lesson about some people, believe me I learned it the hard way between my now ex and his Mother, nothing the law will or do about it.
2007-04-03 13:43:34 · answer #6 · answered by Krinta 7 · 1⤊ 0⤋
Seems to me that if she signed your name on ANYTHING, that is against the law...whether you are married to her or not. When you get your divorce, have it put in the papers that she owes you "X" amount of money to cover your debts that she incurred. Make sure you have copies of the statements to prove she signed it and not you. They may make her responsible for repaying it. You may have to pay it yourself to keep your credit from being totally destroyed, but she can repay it straight to you. Good luck.
2007-04-03 20:00:06 · answer #7 · answered by sassynsweet1221 3 · 0⤊ 0⤋
Tom, they are wrong. If she went off and done this in spite you can get a judgment against her *** and make her pay every penny back. Talk to your lawyer so he can get the ball rolling on this right away, And hell no it's not right to take advantage of some one.
2007-04-03 13:43:56 · answer #8 · answered by loving U 3 · 1⤊ 0⤋
Keep on top of your bills. You never saw any of the credit card bills or noticed all the new purchases she was makiing with them. She was wrong, but, paying no attention makes you partly at fault.
2007-04-03 13:48:49 · answer #9 · answered by mimi s 2 · 0⤊ 0⤋
NO!!! THE LAW IS AN ***!!! Unfortunately somethings that are legal shouldn't be....Conversely some things that aren't legal should....Sorry about your plight!!!!.....Divorce is a prime example of the stupidity of the legal system
2007-04-03 13:45:53 · answer #10 · answered by Anonymous · 0⤊ 0⤋