[xcptnl1]

I took my ex-husband's name off my Sears acct in Sept.(note we have been LEGALLY seperated since Oct 29)
I find out in November my ex-husband used the card. I call the company they state they do not know what happened so they closed that acct and opened a new one for me. Then I find out recently he has used the card in Dec and Jan racking up charges ~$1300. So, what happens now? And why are the charges showing up on my NEW acct. I of course call I am told they are investigating and have 90days.
Who is liable? Legally, who is at fault?

[usedbranflakes]

The problem with who is at fault can only be finalized in a court of law. If I were you I would get this all documented and get Sears to admit that you closed the card and they re-opened it without your permission. The problem is that your husband, separated or not, might have been able to re-open as a "joint" cardholder.

Fortunately this is something that you can bring up with your divorce attorney BUT know that the agreement in a divorce is between two parties (you and your ex). If he does not pay it then you (and your credit) may have some problems.

It would not hurt to write a letter to the State Attorney General and the State representatives for your area as well as those that handle Banking and Finance laws for the state.