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  1. #1
    Join Date
    Oct 2012
    Posts
    9

    Default Liability for Credit Card Debt for a Card a Spouse Secretly Opens Under Your Name

    My question involves criminal law for the state of: Indiana
    During the last year of our marriage, my wife opened a credit card in my name, using my social security number and other personal information without my knowledge or permission. I found out about it after she left. She also obtained a student loan online and placed me as a cosigner without my knowledge or authorization. I contacted both companies and was told to file a police report which I did. Now the credit card company says that I am liable because we were married. Married or not, she stole my information to obtain these items. I have since found out she charged prescriptions to my credit card that was on file at a local pharmacy. How is any of this legal?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Liability for Credit Card Debt for a Card a Spouse Secretly Opens Under Your Name

    Quote Quoting julbox3134
    View Post
    During the last year of our marriage, my wife opened a credit card in my name, using my social security number and other personal information without my knowledge or permission. I found out about it after she left.
    This was how long ago? How was the credit card and associated debt addressed in the divorce proceedings?
    Quote Quoting julbox3134
    She also obtained a student loan online and placed me as a cosigner without my knowledge or authorization.
    Is that also causing problems, or are you just mentioning it as an aside?
    Quote Quoting julbox3134
    I contacted both companies and was told to file a police report which I did.
    How long ago did you make the report? Was your ex- prosecuted?
    Quote Quoting julbox3134
    Now the credit card company says that I am liable because we were married.
    Were the charges for the necessities of life?
    Quote Quoting julbox3134
    I have since found out she charged prescriptions to my credit card that was on file at a local pharmacy.
    This occurred before or after the divorce? Was it addressed in the divorce? What have you done about the charges?

  3. #3
    Join Date
    Oct 2012
    Posts
    9

    Default Re: Liability for Credit Card Debt for a Card a Spouse Secretly Opens Under Your Name

    It occurred July and August 2013. We are not divorced yet. We have filed. Yes, it will be addressed. No, the charges were not necessary. I reported it in February 2014. Basically, I'm told it is a domestic issue. Point is, I didn't know anything about it and did not authorize charges. The student loan is appearing on my credit report so yes it is an issue.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Liability for Credit Card Debt for a Card a Spouse Secretly Opens Under Your Name

    Do you meet the criteria for discharging certain loans? Brunner Test . If not, Google it. For what its worth, it's far more complex than (real example) successfully discharging taxes and getting rid of the lien...all filed pro se I do not recommend going per se as a rule though.

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