Legal Question in Credit and Debt Law in Virginia

The father of my children got ahold of me credit card information and has been using it without me knowing or authorizing any of his tranactions. I found out today that he's charged over $100 now, I have called two of the companies and they areed to refund my money, but one company insist that according to California law they are not able to refund me until they spwak with him. I din't understand that, because the card is under my name and I am the cardholder calling them I have no knowledge of this activity and I don't see why they can't refund me. Could you please give me some advise?


Asked on 3/27/10, 11:31 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

California is a community property state, i.e, spouses share everything 50-50, all

assets and debts(including credit card debt) which may be the reason that the

one company referenced apparently wanted to speak with the father of your children. However, what's important here(in my opinion) for purposes of evaluating the legal aspects of the situation described, is not that this person is the father of your children, but whether you're married to him, formally separated from or divorced from him, or in fact never married to him at all--which could make a big difference in how you should approach a resolution to the situation.

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Answered on 4/01/10, 8:17 pm


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