What can I do?

ryan2005 · #1 06-29-2005, 06:26 PM

I am in Texas

Once a debt has been handed over to a debt collector is it a criminal or civil matter?

My ex wife is a foreign national. I allowed her to be an authorized user on my amex and master card. I got her an amex and mastercard with her name on so she could use them to buy food and stuff. We got divorced and I cancelled her as a user on my credit cards. She kept using them for 4 months after the divorce was final. Can I file criminal charges against her for fraud? The day before the divorce was final she flew back to Italy and used those cards in Italy. Apparently the merchants accepted those cards, because the friggin bank didn't follow my instructions. She is saying that she didn't know the divorce came through and that I cancelled the cards because the merchants accepted them when she bought food and other stuff. Now they are saying I must pay. What can I do?? I asked on another forum and they said it is a civil matter and I am liable for the whole amount.

lwpat · #2 06-29-2005, 08:32 PM

Quote:

I got her an amex and mastercard with her name on so she could use them to buy food and stuff.

Were these your cards and when did you cancel them? Did you cancel in writing?

Debt is a civil matter. Since she is in Italy how do you propose to do anything to her?

ryan2005 · #3 06-29-2005, 09:40 PM

They were my cards and I cancelled her as an authorized user telephonically. I didn't close the accounts tho.

aaron · #4 06-30-2005, 09:38 AM

If you can prove that you cancelled the accounts as to her, you may be able to force the credit card companies to take the charges off your account. There are questions of proof here - you claim that you requested her removal telephonically, so there is apparently no written record - and there is also the issue of why you didn't notice or notify them even as you continued to receive additional notices of new charges over the subsequent four or five months.

GreatGadsby · #5 07-01-2005, 07:18 PM

I doubt you could get the cc company to cancel the debt. removing her as an authorized user does nothing to her card. her card is the exact same as your card except her name is printed on it. to the computer, they are identical. there is no way to prove it was her, except to say that she was in italy, and you can prove that you weren't. but you should be able to go after her in small claims for monetary relief.