Legal Question in Credit and Debt Law in California

Exspouse forged my name on joint account during our marriage

while married in '98 my then-wife signed my name as a co-applicant for a credit card WITHOUT my knowledge, which now has a balance of $10,100. Divorced in '02. Found out about acct. in '05. She can't qualify to take over and take me off acct. She made 100% of charges on a card with her name only on it. I can prove this with statements. In '03 I suspected this acct., when seen on my TRW for the first time by me, was mine, but company said it was a mistake: different person with same name. If I had known it WAS my acct. at that time, when balance was only $3000, I would have closed acct. then instead of in 2005 when company finally CONFIRMED it WAS my joint acct. with her. She could have qualified to take over and have my name taken off at $3000. They also never sent me overdue notices to my address as they promised was my right in '05 in case she defaulted so that I could pay to save my credit, and now acct. is reported 30 days overdue to agencies as of 6/06. Can I sue her and win, get a judgement for ALL I can prove SHE charged, and get company or credit reporting agency to clean that blemish with the judgement against her even as I must remain responsible for repaying the acct.? Did she commit a crime against me in '98 by this?


Asked on 7/14/06, 12:08 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Exspouse forged my name on joint account during our marriage

You have a couple of things you should do. First you should dispute the matter with all 3 credit reporting agencies. You can visit my website or email for further details on how to do this.

The rest of your question is something I believe needs to be addressed within the context of your divorce proceeding. I don't practice family law, but I believe the court has the authority to order your ex to be responsible for this debt. If you need a referal to a local family law attorney, please give my office a call.

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Answered on 7/14/06, 12:18 am


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