What to do about ex


#1

I would also like to know if a settlement can be modified
For your first question
I would go to the local police dept. and press charges
Try the credit buearos and dispute them
Also let them know the fraud has been comitted
Get those criminal charges pressed against her ASAP
It will take a long time
No one wants to listen when it is an exwife
But be persistant
It is against the law to apply for credit in someones’name Husband or ex doesn’t matter
It’s Fraud
Take it to the police and alert Everyone and Anyone you can think of


#2

If your boyfriend did not open these accounts, they are fraudulent. He should report them as such to the police department. The crdit card companies will not do ANYTHING to dismiss the charges without police interaction.

The mortgage was her responsibility, he would need to file a motion to show cause. Unfortunately, creditors don’t care about divorce decrees, all they care is that you signed for the product or service. It will negatively reflect on his credit. Believe me, I know. My credit tanked from 722 to 519 because my ex refused to live up to his responsibilities.


#3

He just spoke to an attorney who told him that there is nothing that can be done about this because the charges were made from someone in his household and he can’t prove it wasn’t him because they were mostly done over the internet or phone. I don’t understand why he has to prove he didn’t do it… why don’t they have to prove that he did? If he didn’t sign the application or make the charges, why does he have to pay? The attorney also told him that if he wanted to pursue trying to get these dismissed that it would take about 2 years and cost him about $7,000. Shouldn’t a fraud case be handled by the police, district attorney and courts? Why should he have to pay anything for the police to do their job? His credit rating has already gone down 150 points since August. Help, please.


#4

If the cards were open after the date of separation and have his name on them, he can likely pursue criminal charges. He needs to contact the credit card company and law enforcement and find out what his options are.

If the agreement states she was to pay off the house and she has not done so then he can sue her for Breach of Contract. The court will have the ability to enforce the agreement or order the sale of the house.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

This isn’t for me, although I’ve posted for myself before. You’ve all been so helpful, I’m hoping you have some answers.

My boyfriend has signed a property settlement for a separation that began on August 10. His STBX was a dependent spouse. He agreed to pay her alimony and 80% of his 401k. The agreement states that she is to pay off the house from the 80%. She is also not to use his name or credit for anything. He is receiving phone calls from the mortgage co. that the house is now in 3 months arrears and is going into foreclosure, and his name is still on it since she hasn’t paid it off. Also, he has started receiving credit card statements (and he has no cards that he’s aware of) showing that he owes thousands of dollars on these cards for charges since August. He never knew about them, and didn’t apply for them. None of them have been paid. Bank of America stated that they couldn’t find the application, so he is liable for the charges.

Short of paying all the credit card charges, and the mortgage forever, any ideas on what he should do? Can the settlement be modified? He’s pretty overwhelmed with this, and since I’m overwhelmed with my situation, I’m not a whole lot of help in thinking clearly.