What to do if my ex-spouse ran up debt in my name?
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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 13 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.
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