Legal Question in Family Law in California

Does the California protection order listed on Divorce filings have any teeth? If someone under divorce proceedings decides to surreptitiously open a credit cart and run up a big balance, does the credit card issuer have any responsibility here? Especially if the (now ex-) spouse opened it in your name with information over 10 years old. No fraud alerts, nothing.


Asked on 3/16/10, 10:16 am

1 Answer from Attorneys

The credit card issuer is not subject to the standing orders. It sounds like you are saying you have an identity theft issue here, really, and that is on top of it being a violation of the automatic orders. As between you and the issuer, once you establish that they accepted a fraudulent credit application, the issuer's penalty is they cannot collect from you. But that doesn't mean that they have any liability to you. They are victims too. You really need to bring this up to the court's attention in the divorce case, however, ASAP. It sounds like an OSC re: Contempt is in order.

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Answered on 3/21/10, 11:59 pm


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