Legal Question in Credit and Debt Law in California

Re: Ex-Wife being dragged into mess with Credit Card company

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Re: Ex-Wife being dragged into mess with Credit Card company

It sounds a bit confusing, but it sounds like somehow, you asked for an AMEX card and both your spouse and your name was on the application. IT was granted before you were divorced. Since this is something that wasn't thought of at the beginning (i.e. that you shouldn't be getting a joint credit card or having the spouse's name on an application when you're breaking up), you have a problem now. And frankly, if your former spouse didn't know that their name was going to be on the account, I may well file an affidavit of fraud to relieve myself of liability.

You have two choices; you can either take responsibility for the card and make arrangements for payment with the collection agency, or fight it. At any rate, have the agency produce all the relevant documentation; you have a right to that. You may want to get a look at the application too, if you don't remember what's on it. It sounds like it would make more sense for you to deal with it, if you know you owe the money. And if there is anything that could look like fraud(i.e. the spouse's information or signature on the application if the spouse didn't consent to it), then you'd better step up to the plate and save yourselves a lot of trouble. Bottom line: if the spouse is on the app or the card and it was taken out when you were together, the spouse can be sued unless you get it cleared up.