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Additional Details
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Jonie B | X spouse call my credit card company and had a card mailed to a different add. can I be held responsible? |
My X wife applied for a credit card( so she say) at a company that I currently have an account with a $0. balance and had not charge on in the past year. She was once on the account but never charged on it because I never gave her a card due to her spending habits. My X states that when she applied for a card she did so in her own name, so when she recieved the card ( at here work location) she thought it was her card( even with very bad credit). So she ran it up to $2500. in one month. But, when the statment came out, guess where it came? not to her work place but to my home address. This is when I became aware of it. I notified the company that we have been divorce 2 years now and have no finacial ties. They are refusing to accept this and expect me to pay. Since I am the master card holder shouldn't any cards issued be sent to me?
Please advise
Desperate from Michigan |
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Dr. Deth
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you should have closed out all joint accounts before you got divorced - see a lawyer - you may be stuck for the bill |
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koiboy
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I seriously doubt your ex-wife is telling the truth. When she called the credit card company, they probably told her she already has a card with them (through you), so she opted to piggy-back off your account and get a 2nd card instead of opening up a NEW account. Since her name is on the account as well, she has a right to request one and send it to another address. The credit card company didn't do anything wrong. Now if she/you doesn't pay the bill, you'll both get stuck with bad credit. You should have taken her name off the card after the divorce but I'm sure it was an oversight. Now you'll have to chase her down for her share of the charges she made.
Good luck. |
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MrKnowItAll
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Hire a LAWYER, call the local TV news company and get your story aired on national TV, gripe and complain about how the credit card company and your ex-wife have conspired to defraud you. This will get it taken care of. |
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Jerribear76
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WOW!! That really sucks for you. However, your ex may have made things even worse for herself since fraud is a federal offense. She would of had to signed on the application that she was your spouse.
I am going to give you a link to FCC's website that will take you straight to a page on Identity Theft and exactly what steps you should take to remedy it.
Most credit card companies will flag your account when there is suspicious activity and contact the card holder for verification. It surprises me that yours did not do that considering if what you say is true and you had not used it in a year.
I'm also going to give you a second link to USA.gov. This is where I originally found the link to the FCC site. They have a lot of very good information on not just identity theft but all federal and state programs and organizations.
I hope this helps you. Please let us know how this all turns out. Maybe other ex spouses will think twice before doing something similar to yours.
GOOD LUCK!! |
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stan c
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First, call Trans Union toll free at 800-680-7289 and have the account put on "Fraud Alert". Also request a copy of your free credit report by calling 877-322-8228. After you receive the report, advise them you are note aware of the charges that are on the report. |
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thelucidmonkey
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If when you got divorced you DID NOT have her removed from the account (cutting cards does not count) then legally you two are still joint holders on the account. It sounds like she went and sincerely tried to open up a new account, however, name one credit card company that will give you two different credit cards (two Home Depot, two Lowe's, etc.) in your name. I'm thinking they issued her a replacement card from the original account which she was still LEGALLY authorized to do since you did not remove her from it. This sounds like what happened since you say her credit is bad.
If this is the case, unfortunately you probably are on the hook. Call the company, dump the person answering for a manager instead, explain and see if either I'm wrong and you can straighten it out AND/OR if you can freeze and close the account (at which point you now owe $2500)
Then sign up for small claims court and proceed to sue her.
No one gets divorced properly in this country and all divorce lawyers should be required to give you a booklet explaining how to get each other's names off of your accounts. Sorry it wasn't explained to you. I hear about this happening all the time. |
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Kite Fanatic
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If you were both on the account at the time that she applied/accepted, then unfortunately it's a joint obligation. This means either party can request changes to billing address, request increased credit lines, and cancel or close accounts.
It'll get interesting if she was NOT on the account when she accepted/applied. Was the card issued in her name, your name, or both? I know the statement came to your workplace, but that doesn't necessarily mean your name is on the account. Find out if it's a snafu on the credit card company's end. Maybe they mailed it there because it was the last address they had on record for her.
If it was opened fraudulently then you've got some issues. The card company will ask you if it was opened fraudulently and then ask you to prosecute your ex for fraud before they remove your obligation.
You should immediately close the card if you're an account holder though--you don't want her doing any more damage. |
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jambi_2
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Technically she cannot use you on a credit card application since you are divorced. I would cancel the card and contact the credit bureaus and have them add a note to your credit to not extend any credit that is joint with your ex. You could go after your ex for the money because this is credit card fraud. The financial has a responsibility in this also since they did not get a signature from you as a joint holder on this card. Have them send you an application or go on-line to see what the terms and conditions of the card are. |
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Been There
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Take your time to think over all the facts. If the credit card account is in both names and you are the primary holder, you can be held for the balance owed.
You need to close the account NOW.
Next, did she retain her name at then end of the divorce or did she change it back to before you where married? If her real, current name is not the same as on the card, she then committed fraud.
At the time of divorce, did you each agree to end all joint financial transactions? (should be in your settlement papers) If so, she has committed a fraud
Also, file a letter with the credit card company, stating the above (if true) with copies of your settlement papers. (the decree can be separate from the settlement) But remember; all states are different. DO contact a lawyer.
If she has not committed any fraud, YOU ARE responsible for the balance. Do get the account canceled. |
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Rick B
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They can;t make you pay that. She committed fraud. Tell the company you are NOT paying this and that they screwed up. Also tell them you'd liek to file a farud charge and ask them to close any accounts that are in your name. |
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bevrossg
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Call your divorce lawyer. I think she might have broken the law! You should have cancelled you accounts after the divorce. It is time to get that free credit report that you are allowed to get once a year. |
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Ambivalence
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You should have taken her off that account the day you two separated, but I guess it's a little late for that. She could have called them to apply for a card, found out that she was already in their system, and said, "Oh, I didn't realize that account was still active. I seem to not have that card. Could you send me another card to my new address? I've moved." And why wouldn't they? You hadn't told them she's not authorized to have that card. Just because she lives at a different address doesn't automatically mean anything. My ex-boyfriend and I had a joint account for certain things when we didn't live at the same address. People do unconventional things sometimes. How would the credit card company know your situation unless you told them?
Bottom line: I think you're more likely to be able to legally recover that money from her (if she has it) than from the credit card company. After all, she made the purchases and should expect to pay for them. |
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john f
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Looks like the only way to get out of this one is to call a lawyer. But then a lawyer will probly cost u about $2,500. Since u been divorced two years, the court should rule in your favor. But im not a lawyer so i dont know. |
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Odis
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I closed a credit card back in 2009. My ex-spouse reopen the credit card and ran up 24K. I never received 1 bill / statement and I just got a letter from creditor stating I owned this money. I don't see how they can come after me after I closed the credit card nor ever received a single statement to catch this early to avoid anything like this. Do I have a leg to stand on? |
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