| EDGY |
| (recently joined) |
| 02/12/07 04:08 PM |
Credit Card Fraud during marriage
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The X took out credit cards during the mariage by forging my signature and incurred huge debt. Who's liable if it's flat out fraud? Anybody have experience like this?
| matart1 |
| (Carpal \'Tunnel) |
| 02/12/07 04:38 PM |
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Re: Credit Card Fraud during marriage
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http://www.ftc.gov/bcp/conline/pubs/credit/cards.htm
also I would recommend that you pull your credit report from Experian, Equifax and Transunion and report fraud to these companies.
you may be required to do a signature analysis to show proof of forgery.
credit card fraud is almost a losing and expensive battle. good luck.
| Cinder2 |
| (Carpal \'Tunnel) |
| 02/12/07 05:53 PM |
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Re: Credit Card Fraud during marriage
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Okay, here's a question - let's say you prove that your signature was fraudulent and that the credit card should have been in his name only.... Isn't marital debt all community property anyway? So does it really matter? Or are there some fraud statutes in family law that this poster can use during their divorce trial?
Cinder
| googledad |
| (Carpal \'Tunnel) |
| 02/12/07 06:04 PM |
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Re: Credit Card Fraud during marriage
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1101. (a) A spouse has a claim against the other spouse for any
breach of the fiduciary duty that results in impairment to the
claimant spouse's present undivided one-half interest in the
community estate, including, but not limited to, a single transaction
or a pattern or series of transactions, which transaction or
transactions have caused or will cause a detrimental impact to the
claimant spouse's undivided one-half interest in the community
estate.