How can I take my ex-husband back to court if he used a credit card that is in my name and whichhe was supposed to have canceled?

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How can I take my ex-husband back to court if he used a credit card that is in my name and whichhe was supposed to have canceled?

My ex-husband used a credit card with my name on it after our divorce was finalized. He was suppose to cancel the card but he proceeded to make lavish charges on it and is now filing for bankruptcy. My new husband has a government job with clearance and could loose his job if our credit is ruined. The court first ordered him to pay his debt but now he is filing Chapter 7. What can I do?

Asked on July 14, 2011 under Bankruptcy Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If your ex-husband used your credit card without approval (and also in violation of your divorce settlement or decree), you have the right to sue him to recover the money spent (and interest) on it. Of course, if he is filing bankruptcy, you *may* not be able to get anything--while alimony/spousal support and child support obligations are protected in bankruptcy, other debts or obligations or liability to an ex-spouse may not be.

2) You may also be able to report him to the authorities (e.g. the police) for one or another of theft (since he took your money by using your card) or identity theft (if in doing so, he implicitly passed himself off as you).


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