Legal Question in Criminal Law in Virginia
Sueing Ex-wife delinquent finances
Not sure if this is considered Criminal Law, but here I go--ex wife forged signature and opened credit accounts in my name and social. Balances are extremely high and tried to make arrangements with ex spouse and she didn't uphold her end. Now my credit is wrecked and I need help learning what I can do to get this resolved legally. She isn't willing to do anything so this is a last resort. The only reason I found out about these accounts is they tracked me down since I moved and I am in the military and there is a great chance that I could lose my career due to this and I have 24 years in. Considering that there is nothing in the divorce decree about this because I didn't know about them until the divorce was final what are my legal rights? What action can I take and what area is my complaint to be filed under?
1 Answer from Attorneys
Re: Sueing Ex-wife delinquent finances
If your ex-wife opened the accounts on your forged signature while you were still married to her, there's not much you can do other than attempt to negotiate some knd of settlement with each creditor, making sure that each fully understands the mitigating circumstances which should inure to your benefit in these settlement negotiations. Of course, you could also file suit aginst your former spouse and obtain a civil judgment against her but in that event there would remain the problem of collecting on it.
If your former spouse, however, opened any such accounts based upon your forged signature after your divorce was final, she, of course, would be subject to criminal charges, assuming that the relevant statutes of limitation had not expired.
It would be your responsibility to bring these charges to the attention of the local prosecutor
in the jurisdiction where the alleged forgeries and fraudulent charges occurred.
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