NWR...this is serious...need advice....

I'm sorry...this is not wedding related, but you girls have always been so helpful with everything else...I need some advice.

FH is divorced...his ex-wife is a real loser. They have a 7 year old daughter. The ex-wife opened a credit card account using the daughter's SS# last year (she was 6). The credit card company sent her a card...The ex-wife racked up $4000 worth of bills before FH found out. The only reason that he found out is because the ex-wife used his address and the bill came to his house...with his daughter's name on it. Anyway...yesterday we get a letter from a collection agency that they want their money...they are willing to settle for 50%...which is still $2000. The reason that the letter came to FH here, is that the ex-wife gave the collection agency his name and address. The collection agency said that since the ex-wife doesn't have an income (she is on disability from a car accident she had after they were divorced) that he is legally responsible to pay the debt.

My question is...how can we resolve this? Is this true? I'm afraid that retaining an attorney will cost as much as just paying off the card. But...we don't have a spare $2000...especially with all the wedding expenses. Any lawyers or financial people out there who can offer any advice?????

Re: NWR...this is serious...need advice....

i think that you should consult with a lawyer. isnt it illegal to use someone's ss# like that?? perhaps there should be criminal charges? i dont understand how he is legally responsible?

Re: NWR...this is serious...need advice....

I am not a lawyer so I cannot give you legal advice. However, is there no way to prove that is was the ex that got the card out in the daughter's name? Could you legally force her to show the receipts that she probably signed in her daughters name?

That's a bizarre situation. I hope that things turn out allright for your FH.

Re: NWR...this is serious...need advice....

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Posted by groovypeg

i think that you should consult with a lawyer. isnt it illegal to use someone's ss# like that?? perhaps there should be criminal charges? i dont understand how he is legally responsible?

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Actually I would tend to agree. I don't think a person under 6 is allowed to have a credit card, and if it is proven that the mother took one out in the daughter's name then that might (again I am not a lawyer) mean she is committing fraud - federal offense??

I would talk to a lawyer about this.

Re: NWR...this is serious...need advice....

This sounds weird to me.. how can he be responsible since they are divorced already? This happened AFTER the divorce so I would assume that she is responsible but I would try to talk to someone that knows about the law.. hey... LAW SCHOOL STUDENTS... where are u??

Re: NWR...this is serious...need advice....

Rob luvs me and Marcela1654 are lawyers I believe - I wish you luck in resolving this soon!

Re: NWR...this is serious...need advice....

I would question whether anyone is responsible to pay since the company issued a card to a 6 year old! They have to bear some of the responsibility for that error.

Either way, no way should an ex-husband should be responsible for his ex-wife's fraud.

Re: NWR...this is serious...need advice....

I would also suggest re-posting this on the 'Not Wedding Related' board - you may get more responses there. Good luck!

Re: NWR...this is serious...need advice....

Without doing research on this I wouldnt know -but there is definitely a fraud issue invovled there. The credit card company is just looking to get their money easily and that is why they are targetting your FH. Who has custody of the child?

She has committed fraud upon the credit card company

Re: NWR...this is serious...need advice....

The ex-wife has custody of the child...FH sees her every other weekend...any pays child support.

Yes...I think this is considered fraud...but then he would have to get an attorney and pursue legal action. He thinks that this will cost more than to just pay the darn bill. Then, he would probably get full custody...but...what will that do to the child? She will have to live though...my daddy had my mommy sent to jail???? UGHHHHH....

Re: NWR...this is serious...need advice....

Re: NWR...this is serious...need advice....

I just asked my fiance (who is an attorney) and he had a question that might help sort this out- did the child sign the credit card agreement when the card was opened? Since you said that the mom opened the card in the child's name, I am assuming that the mom forged the child's name.

From my non-legal perspective, this is what I think- think that there are laws regarding the age that a person can actually obtain a credit card. Even if the mom forged the child's name (which, as you said, is fraud), the credit card company should not have issued a card to a 6 year old person and thet would have that information from the SS#. If the mom or dad is not the gaurentor of the card and the child is soley responsible, the credit card company should never have issued the card! Unfortunatly, there are a lot of people who fradulentaly get credit cards using stolen information (as this woman did with her child's information). I don't think that the company can hold the person whose information was stolen responsible. However, the child (or someone represnting the child) would have to file a complaint.

Whew- this is quite a sticky situation! Can you find a lawyer who won't charge you $3,000?

Re: NWR...this is serious...need advice....

dont pay,
he's not responsible for his ex wifes debt,
they have to collect from her...if shes on disability they may be able to have it taken gradually out of her check... i use to work for a collections agency and we were always willing to work out a payment plan.. and if the ex wife forged a credit card in the childs name she commited fraud and perhaps should be reported for it?