What to do if my ex-spouse ran up debt in my name?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my ex-spouse ran up debt in my name?

My ex opened up credit cards in my name (he had too much debt in his name), racked up thousands indebt on them and then filed bankruptcy for himself. This left me with the debt all in my name. Now the creditors are threatening garnishment of my wages. What do I do to get rid of this debt?

Asked on June 29, 2011 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, so you need to first get a copy of the credit card agreement - the original agreement - and a list off all charges on all cards.  This is known as a validation of the debt and the credit card companies MUST provide that to you if they claim that the debt is yours.  Once you get that and you can see that the signature is not your, I might consider taking the materials to an attorney to write a letter on your behalf.  You will have to prove that it is not your signature.  Maybe even have the attorney prepare an affidavit indicating that you did not apply for nor sign any agreements.  And you may have to consider  fiing a complaint against him for identity theft.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption