     Sean Jefferson (Seandogz) | Saturday, December 02, 2000 - 02:08 pm 
My daughter's mother's took a credit card (WHICH I HAD GOTTEN IN HER NAME AND PLANNED TO GIVE TO HER ONCE WE WERE MARRIED - AND THE RULES OF THE CARD WERE AGREED UPON) from my house while we were living togehter without my knowledge. So she found the card, activated the card and then proceeded to use to the toon of over $5500. The only way that I found out about use of the card was because when she moved out she changed the address and the company sent a post card notifiying me of the address change. At that point I knew that she had STOLEN the card. She admitted to it and justified the use of the card because "IT HAD HER NAME ON IT" but "SHE WAS GOING TO PAY IT SO I DID NOT HAVE TO WORRY". OK now the bill is not being paid. I have paid it for the last 3 months and she is about to declare bankruptcy. What I need to know is what I have to do to not include this card in her bankruptcy and force her to pay the bill or get it off my credit report. Somehow the credit is on both of our credit reports. I am willing to take to court small claims or whatever, I just want to do it correctly and as flawless as possible. I would appreciate anyone's advise. |
| Shylock (Shylock) | Saturday, December 02, 2000 - 06:06 pm
If she's going to file bankruptcy then taking her to small claims court isn't going to help. What did she buy on the credit card? Can you repossess what she bought? After all, it was charged on your credit card -- that makes it yours.
I'd either go to the Sheriff's department and swear out a warrant for her arrest or threaten to do so. Sounds like she's been pretty rotten and underhanded about the whole thing ... time for you to prepare yourself to do whatever it takes to get her to reaffirm that debt and start paying it. |
| Amy Duncan (Amydd) | Saturday, December 02, 2000 - 10:52 pm
I can tell you from experience that trying to file any criminal charges on her would probably be useless. The credit card companies are totally uncooperative with law enforcement making it impossible to sustain a criminal case.
Your best bet probably would be small claims court although if she has been making payments it would be pretty involved. Also if she includes it in her b/k then you are out of luck. Rest assured though that the credit card companies will still come after you. |
| RichardM (Richard612) | Tuesday, December 05, 2000 - 11:01 am
Why wouldn't the $50 fraud/stolen card limit come into play here?
On second thought, you've been paying them for several months... It's probably much too late to pursue it as a "stolen card." If she is an "authorized user" on the account then you probably can't do anything anyway.
You trusted someone and got bitten. When things like this happen to me, I call it a "stupid tax" and move on. |
