My Fiancee would have PERFECT credit, except for a credit card his ex-wife stole, ran up to 16,000K and then blackmailed his son against him when he found out about it four months later (after the divorce). It has been three years, he never reported it as stolen, he ignored it, and it had now been sold to a collector. We called, and they flat said to him "We know you pay your bills on time, why can't you pay us"? Well, he would, if it was something he did, this isn't his and he's not going to pay it. Question: He has an appointment to speak with a bankrupty lawyer next week. I personally think it is stupid to file over 16,000K that isn't his (although in his name), especially when he has no other debt. This card had never ever been used once, he didn't even know it was gone. Think we could call the collector, let them know he is filing bankruptcy unless we can settle this one card, then low ball them about $2000 or does it not work this way? Thanks!
I don't understand, if it was never used how did his ex ring up $16000?? if she stole it why doesn't he file a police report /affidavit with the CCard co, and let them go after her! and avoid BK!
It was a very long, bad drawn out divorce. He only got the card cause it was a card from his favorite football team, he never used it. She took it, used it, he didn't even know it was gone and four months later he's starts getting phone calls. He never reported it stolen cause when he found out it had been taken by her, she threatened him with his kid. He wasn't smart about the whole thing, but the debt isn't his. He didn't want his kids mom to go to jail (even though I know she probably wouldn't have). So the question is, How far down can we get this company to go?
I understand where you are coming from. My DH's wife did the same thing, only she continued to use cards in his name. We did not find out until we bought new vehicles. We have had success getting all but one card removed, Universal AT&T. But we have disputed it and it has been over 30 days. People do not understand the situation when a child is on the line vs. a credit card. Been there, done that, you have my empathy.
It may depend on the state the you live in but your fiancee is probably hosed on this one. I went through a divorce and got stuck with a number of my ex-wifes cards, though I didn't know they existed until we started the proceedings. If they lived in a community property state, he's as liable for payment as she is, especially if the cards are in his name. I wouldn't go BK over a $16K debt. He has a couple of options. He needs to check to see if he can still file a fraud report. If he can, he needs to do it. If he won't do it, there might be something else going on. If its too late, then he needs to make arrangements to pay it. He may be able to sue her in civil court to recover damages. However, he'll need to be able to prove that she stole it. My guess would be that she gets up and says that he gave it to her and had full knowledge that she was using it. I know its pissing you off to have to pay, but legally he probably has no other avenue. Talk to an attorney.
Well, to make it worse, she is a paralegal, so she has a team of experts backing her up...For FREE. We on the other hand risk loosing more, and still not winning. Divorce is ugly. I've never been married and have no children, so this is all alot to take in really. I make enough money and can pre-qualify for a home without him. Maybe going Bankrupt won't hurt that bad seeing as though I don't need his income? I just hate that this awful women is going to get away with this and his credit has to suffer. He said the same thing though when I get upset over all she did to him financially. "When we have kids you will understand". SO THEN, this debt company probably won't let us negotiate to pay $2000 for a $16,000K deal even though they won't get anything if he goes bankrupt?
Actually, they have to prove he used the card, signatures, they have the burden of proof. State you didn't use the card, file a fraud report. Nothing has to be mentioned regarding the other person.
If he hasn't already, he needs to CLOSE THE ACCOUNT. I agree he should file fraud charges, but I can see he wouldn't want to if he has to name her. What is the Statute of Limitations in your state? How long has it been? Has he actually been sued? If he hasnt' already, he should request validation IN WRITING. Certified, return receipt requested. He wants copies of everything including the charge slips. They may not have it and will have to delete. The other thing he needs to do is STOP TALKING to them. Do everything in writing. When he sends his validation letter, he should tell them that he is unable to accept calls, and that all future communications should be in writing. Do a lot of reading here. He's far from bankruptcy at this point.
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