Legal Question in Credit and Debt Law in Indiana

My ex-husband applied for many joint credit cards and credit cards naming me as the primary without my knowledge during our marriage. We have been divorced for 13 years and now B of A is charging me with HIS debt because he fled to Panama and stopped paying all of his US debt. This card was applied for fraudulently as he was using my personal information and forging my signatures on the credit card applications. B of A is claiming that they cannot locate the original credit card application to see if the signature was forged because it is too old. So how can they then name me as the primary if they don't have proof. Also, it could be proved that the charges on this card were mostly made in Florida (where he had been living) and I have been living in Indiana for the past 13 years. B of A will not even give me copies of the charges or the signatures on the charges so I can prove that my name has been forged. My biggest fear is that I know that he had a huge stack of credit cards before I left him. I DIDN'T know that he was applying for joint cards or cards naming me as the primary. So my credit has been ruined and B of A filed for collection on this debt which is definitely not mine!!! Can I sue B of A for their reluctance to remove this debt from my credit report? And what can I do to stop my ex-husband from doing this with any other future credit cards? I've already been turned down for credit from many different creditors trying to refinance my home and buy a car. Please help me.


Asked on 7/29/13, 9:37 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

You don't have grounds for a suite against B of A. Don't start a fight with them over nothing. If you didn't sign the agreement and you didn't make any purchases, you have a strong and defensible position. But you would be well advised to retain the services of a debtors' rights attorney so that he can assess your situation, advise you fully as to your rights and get your credit report information corrected.

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Answered on 7/30/13, 2:07 pm


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