Legal Question in Credit and Debt Law in New Jersey

Fraudulent use of credit card balance xfer check

My wife is bi-polar. I have a credit card in my name only. She took a balance transfer check I received in the mail and forged my name to deposit $5000.00 in her personal checking account. I called GMAC (CC provider) and reported it as fraud. Because she is my wife, I could not have her charged with fraud. GMAC sent me a new card with a new # to my work address as requested. A few days later, GMAC sends another card to my home address which I specifically told them not to because of the situation with my wife. My wife got possession of the card and charged another $11,000.00 on it without my knowledge. Can I sue GMAC with negligence because they failed to protect my interests.

Thank You


Asked on 3/20/07, 10:04 am

2 Answers from Attorneys
John Corbett Corbett Law Firm LLC

Re: Fraudulent use of credit card balance xfer check

That suit would be dismissed. The obligations between you and GMAC are those of contract. You should not be liable for the amount charged if you report it as unauthorized use. Their "negligence" would provide a defense if they sued you for the $11k.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/20/07, 10:20 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Fraudulent use of credit card balance xfer check

To add to what Mr. Corbett said, I don't see why you can press charges against her. I have plenty of cases where criminal charges are pressed against the spouse.

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Answered on 3/20/07, 12:12 pm


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