Legal Question in Credit and Debt Law in Virginia

Re: fraud committed by spouse

No, it isn't legal. But there are two potentially responsible parties involved.

First, did you sign a credit application?

If you did not request the creation of the account in your name, you're not liable in Virginia. There is a specific statute that prohibits credit issuers from doing so.

Secondly, did you authorize the credit card issuer to treat your husband as an authorized user of the card?

If not, then the credit card issuer can't come after you for more than fifty dollars if you notified them promptly in writing as soon as you discovered the fraud. You should also have sent them a "notice of billing error" promptly after having received a statement showing the expenditures. If you didn't do what's necessary to protect your rights with respect to the credit card issuer, then you're probably liable to them.

Finally, if your husband used the card under circumstances in which he should have known that he had no authorization to use it (i.e., you were separated and getting a divorce, or the card was in your name only and he wasn't an authorized user, etc.) then he may be liable for a felony credit card theft; call the police for that one. If he was not in fact authorized, but you can't prove criminal intent to defraud, you can file suit against him for reimbursement. If the amount was less than fifteen thousand dollars, you can go to your local general district court and ask the clerk to let you fill out a "warrant in detinue" form; be prepared with yours and your husband's full name and address, a few dates between thirty and sixty days out when you can afford to be in court all day, and some cash (fifty dollars will more than cover it) for the clerk's filing fees and service of process fees.

If you're still married and want to stay married, separate your accounts and assets; sign your husband up for debt management classes; and start making payments on that bill - I suggest you sell HIS car to pay for it.