Legal Question in Banking Law in Utah

I was married and had a cking account with my wife, she owned the account at america first credit union. We divorced and I was locked out of her account in July 2008. In july 2009 She filed for bankruptcy. America first credit union did a charge off of a credit line debt that was attached to the account. American express contacted me and reduced my credit line from 10k to 1.5k because I had a new charge off on my credit report.. I went to america first and asked about the charge off since I was not aware of a credit line. They showed me a Loan line which had my name but not my signature on it. the customer service rep. pulled another document that had my signature, the two did not match. I filed a fraud complaint with america first and waited about 3 weeks. I never heard from them so I went back to the credit union to inquire what they were doing about my complaint.. I was told essentially that although the signatures obviously did not match that since I was on the account when it was used I was responsible for the debt. They said that I had benefitted by my wifes use of the credit line and that bills had been paid by its use so I was responsible to pay the debt in full since my wifes same debt had been discharged in bankruptcy.

My question is --how am I responsible for a debt on a credit line I never applied for, never signed for and was unaware of until the charge off occurred. In addition I was never contacted by america first when my ex wife stopped paying on the line and only discovered the situation when they hit my credit report..How do I fight America first to have my credit corrected and thje debt removed??

Thanks for any help you can provide.


Asked on 11/01/09, 12:33 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

You should not be held responsible. You can file suit against America First.

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Answered on 11/15/09, 9:13 pm


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