What to do if my ex-husband stole my credit card and I am being held responsible for the charges he made without my authorization?

My ex-husband stole my credit card when I kicked him out and used it to make calls to a “chatline” I reported the card stolen and the chat-line was never paid through the credit card. I am now receiving calls from a collection agency saying that it is my responsibility because he stated he was authorized to use my credit card and the call was placed from a cellphone with my name on it. I have since then cancelled his cell, before I knew he had done this, and I have a restraining order against him. Can the collection agency hold me responsible when they allowed him to use a credit card without his name not even the same last name and assuming he was authorized to use is it which he was not?

Asked on July 18, 2012 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The debt collection compant for the vendor that unautrhorized charges were made to on your credit card can try and hold you responsible for the debt even though that your credit card was misappropriated.

However, your credit card company seems to agree with your point of view and not allowed the charges on the credit card to go through, hence the calls by the debt collection company to you.

From what you have written about, the unpaid vendor seems to be trying to intimidate you into paying a debt that they know it cannot collect from you. I suggest that you provide this debt collection company with the name, address and telephone number of your former husband to seek payment from.

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