Legal Question in Criminal Law in Georgia

Forgery of a spouse's name

I'm doing this as a favor for a friend. When my friend was married, she received a pre-approved credit card in the mail. It was in her maiden name. Her now ex-husband signed her maiden name without her knowledge and accumulated over $30,000 in bills using this card. She was told that because they were married, he could legally sign her name, but because it was her maiden name she is responsible for paying the bill. She is a single mother, and I would like to help her with this if I can.


Asked on 2/21/04, 12:43 am

2 Answers from Attorneys
W. Henry Clerke IV Bryman, Clerke & Kent, P.A.

Re: Forgery of a spouse's name

Assuming that he did not have her authority to use the credit card he could be guilty of financial transaction card fraud in violation of O.C.G.A. �16-9-33. It is also very likely that she could avoid any responsibility for his unauthorized use of this credit card. I assume that it was the credit card company that informed her that she would be responsible for the debt regardless of whether or not the use of the credit card by her ex-husband was unauthorized. In any event she should consult with her own attorney before she makes any payment towards this debt. The foregoing is general information only, not specific legal advice. No attorney client relationship has been created or implied.

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Answered on 2/23/04, 8:18 am
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Forgery of a spouse's name

Your question is too vague to answer. Your friend should consult with an attorney to give all the facts including whether or not the credit card issuer is attempting to collect the action from her. It is important where the events took place, how and when the husband acquired the card, and whether your friend ever used it herself. If she wants to pursue this criminally she needs to refer the matter to a Magistrate Judge in the county in which the criminal action took place.

I hope this helps.

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Answered on 2/21/04, 1:18 pm


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