Legal Question in Credit and Debt Law in New York

Taken for all She's Got With Nowhere To Turn To

I am writing on behalf of my mother. She is separated from her 2nd husband. He used her credit cards and signed either her name or his to the receipt. Once she separated, she had to refinance her home for a third time to help pay for bank loans. The refinance would not accept credit card debt. My mother is 52 years old, earns approximately 29,000 annually and is now living paycheck to paycheck. She is approximately $20,000 in debt because of this man. She had 8 years left on her mortgage - now she has 20 years! It has been a year and half since her seperation papers were signed and now, she is very anxious trying to pay off his debt and keep up with her regular bills. She wants to try to reclaim her credit or have him pay the amounts that he charged in her name but is unsure of how to proceed, or even if she can. She cannot afford an attorney. Can you please give us some direction?


Asked on 11/08/00, 8:48 pm

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: Taken for all She's Got With Nowhere To Turn To

I don't understand, if she signed "separation papers," what this means. Are they still married, and living pursuant a separation agreement? If so, there may well be grounds for setting aside the separation agreement. Usually there's a clause whereby each party represents they haven't incurred any debts other than as specifically listed in the agreement. If the separation agreement was in fact the basis for a divorce, and the judgment has been filed, it could still be set aside if there was a fraudulent failure to disclose these debts. If your mother knew about the debts and simply signed the agreement, I'm not sure what recourse she would have.

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Answered on 11/22/00, 11:54 am


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