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  1. #1
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    Feb 2009
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    Default Took Out Credit Card in My Ex-Husband's Name

    My question involves criminal law for the state of: Georgia

    In the spring of 2006, I took out 2 credit cards in my then husband's name. I charged $2000 and made restitution. In our divorce in the Summer/Fall of 2007 I paid for the charges. He never pressed charges and he didn't accuse me of opening the cards in the divorce. I agreed to pay the cards off. I have the bank records of paying the money to him, transferred into his account. Now, I'm petitioning for a modification of custody. Could he still press charges even though I've paid them off and he never pursued the issue then?

  2. #2
    Join Date
    Jan 2008
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    Default Re: Took Out Credit Card in My Ex-Husband's Name

    The statute of limitations for fraud in the state of Georgia is two years from the time the fraud is discovered.
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  3. #3
    Join Date
    Aug 2007
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    Default Re: Took Out Credit Card in My Ex-Husband's Name

    Quote Quoting seabelle
    View Post
    My question involves criminal law for the state of: Georgia

    In the spring of 2006, I took out 2 credit cards in my then husband's name. I charged $2000 and made restitution. In our divorce in the Summer/Fall of 2007 I paid for the charges. He never pressed charges and he didn't accuse me of opening the cards in the divorce. I agreed to pay the cards off. I have the bank records of paying the money to him, transferred into his account. Now, I'm petitioning for a modification of custody. Could he still press charges even though I've paid them off and he never pursued the issue then?

    Given the facts as laid out, it would not seem in the intersest of justice for a Prosecutor to waste his time with it even if a report is filed.

  4. #4
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    Jan 2008
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    Default Re: Took Out Credit Card in My Ex-Husband's Name

    Concur with BOR.

    The prosecutor has more important things to do than fuss with someone who only just now wants to press charges because he's mad at his ex for wanting more time with the kids.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  5. #5

    Question Re: Took Out Credit Card in My Ex-Husband's Name

    Wouldn't there be no crime at all since you were legally married at the time? My mother always had credit cards my father knew nothing about, his name as primary, as always done back then. No to mention.... How many wives out there have signed their husbands paychecks so much to cash them, that if the husband finally signed it, the bank wouldn't even recognize the signature?

  6. #6
    Join Date
    Aug 2007
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    Default Re: Took Out Credit Card in My Ex-Husband's Name

    Quote Quoting PullingMyHairOut!
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    Wouldn't there be no crime at all since you were legally married at the time? My mother always had credit cards my father knew nothing about, his name as primary, as always done back then. No to mention.... How many wives out there have signed their husbands paychecks so much to cash them, that if the husband finally signed it, the bank wouldn't even recognize the signature?

    She said the were EXed at the time.

    You can sign a person's signature if express permission is given. If you do so for say, a federal tax form, it is better to sign thier name and put a, thier name/ by/your signature.


    Opening a credit card account, even with a current spouse, without express permission, meaning simply IMPLIED permission, is a sticky area of law, even if NO fraud is intended.

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