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EDGY
recently joined

Reged: 02/12/07
Posts: 6

Credit Card Fraud during marriage

#198517 - 02/12/07 04:08 PM

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?

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matart1
Carpal \'Tunnel

Reged: 09/01/05
Posts: 2798

Re: Credit Card Fraud during marriage

[Re: EDGY]
#198528 - 02/12/07 04:38 PM

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.

--------------------
Life is a long lesson in humility.

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Cinder2
Carpal \'Tunnel

Reged: 06/02/05
Posts: 4361
Loc: Southern California

Re: Credit Card Fraud during marriage

[Re: matart1]
#198567 - 02/12/07 05:53 PM

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

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googledad
Carpal \'Tunnel

Reged: 12/31/05
Posts: 10207

Re: Credit Card Fraud during marriage

[Re: Cinder2]
#198574 - 02/12/07 06:04 PM

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.

--------------------
Careful. We don't want to learn from this.

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