In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.
Lawyers? I need advise
rogue_rob
Member Posts: 7,033 ✭✭✭
Hey all, Let me make this short and to the point. My ex wife opened an account for a cell phone in my name without my knowledge(while we were still married) a day after I left for Korea(a one year tour)
I knew she had a cell phone but had no idea that it was in my name. Anyways, we became estranged during my tour and she didn't pay the cell phone bill. It's on my credit report as owing them over 2200 dollars!!!
I called the fraud department and they opened a case and cleared me of the debt, THEN they contacted her. She gave them a good sob story and they came back to me saying that since we were married, she had the right to open the phone in my name and they weren't going to go after her.
She faxed them a power of attorney that I signed. All the POA authorized her to do was sign for Base housing and start an allotment(this was for privatization of on base housing, while I was in school before I went to korea) so it has nothing to do with what she did, but they jumped all over that POA at the cell company lol.
Anyways, what options do I have on this? I know I could take her to civil court, but what are the chances of getting retribution?
any input is appreciated, I'm kinda stumped cause it's not on HER credit report. I though Identity theft was identity theft regardless of if you're married or not.
I knew she had a cell phone but had no idea that it was in my name. Anyways, we became estranged during my tour and she didn't pay the cell phone bill. It's on my credit report as owing them over 2200 dollars!!!
I called the fraud department and they opened a case and cleared me of the debt, THEN they contacted her. She gave them a good sob story and they came back to me saying that since we were married, she had the right to open the phone in my name and they weren't going to go after her.
She faxed them a power of attorney that I signed. All the POA authorized her to do was sign for Base housing and start an allotment(this was for privatization of on base housing, while I was in school before I went to korea) so it has nothing to do with what she did, but they jumped all over that POA at the cell company lol.
Anyways, what options do I have on this? I know I could take her to civil court, but what are the chances of getting retribution?
any input is appreciated, I'm kinda stumped cause it's not on HER credit report. I though Identity theft was identity theft regardless of if you're married or not.
Comments
I though Identity theft was identity theft regardless of if you're married or not.
I'm not a lawyer, but I do know that you are most likely just as responsible as she is for the debt. The only reason I can see you not being responsible is if you were legally separated, or were in the process of becoming divorced when she incurred the debt.
Ben
what sort of suit would I file against the phone company?
what sort of suit would I file against the phone company?
Frivilous. Don
The best you can hope for is that the divorce judge will sever you from the contract and place the onus upon your wife, and I would think you have a pretty good chance of doing that.
The problem is that your credit is now stained, and the judge cannot do anything about that. If you have the funds, you may consider offering the phone company full compensation in return for them removing any negative information from all three credit-reporting agencies, then go after your wife in either divorce or civil court for reimbursement. Nothing you can do to "force" the phone company to remove the negative information, so your best bet is to offer in compromise. I'd bet the phone company would play ball if you offered.
I'm not sure if a JAG officer can help you, as this is a civil matter, not a military matter. I also don't see where you have a case of Slander of Credit against the phone company, as you said, the account is in default, so there is no slander or libel involved. You should ask the phone company for a copy of the contract, and if indeed it has the term "Jointly and Severally Liable," then you would not have an action against them either.
Best bet is to contact either your State Bar Association or the local Bar Association and ask for a referral to an attorney who handles this type of problem. Most Bar Associations offer a free or low-cost first consultation wherein you can ask a real attorney, knowledgeable of your State and local laws about your situation and get a professional opinion.
I hate it when people can get away with crap like this.
Request the cell phone company to send you a copy of the form that YOU signed for authorization of a cell phone in YOUR name.
What? You don't have my signature? Bummer...then I don't have a bill either.
This ONLY works if the phone is in your name only.
Exception - if the state is Kommiefornia.
well it's too late for a bankruptcy, it's already a charge off. I just saw it and got pissed off about it. It's from about 4 years ago.
I hate it when people can get away with crap like this.
You can have an explanation attached to your credit report. Include all relevant info, including any evidence that she incurred the entire bill on her own while you were out of the country.
Actually, all of the above posters missed something.
Request the cell phone company to send you a copy of the form that YOU signed for authorization of a cell phone in YOUR name.
What? You don't have my signature? Bummer...then I don't have a bill either.
This ONLY works if the phone is in your name only.
Exception - if the state is Kommiefornia.
Bingo... And I might add.. The Power of Attorney you gave her. Was it specific or open to anything? If it was specific, tell em' to take a hike. Obviously if it is on your credit report the phone co. has tried and FAILED to collect. The phone company considers it final.
quote:Originally posted by dcloco
Actually, all of the above posters missed something.
Request the cell phone company to send you a copy of the form that YOU signed for authorization of a cell phone in YOUR name.
What? You don't have my signature? Bummer...then I don't have a bill either.
This ONLY works if the phone is in your name only.
Exception - if the state is Kommiefornia.
Bingo... And I might add.. The Power of Attorney you gave her. Was it specific or open to anything? If it was specific, tell em' to take a hike. Obviously if it is on your credit report the phone co. has tried and FAILED to collect. The phone company considers it final.
My divorce was in Calif. where everything is community propertyincluding debt, but i dont think that matters. if you are married any debts incurred during the marriange, regardless of whether you gave consent, are joint property. The best thing that can happen is that your ex is worried about her credit rating and decides to pay half so both of you are clear.
While I cannot legally advise you on what to do, I can tell you there are incorrect statements above.
Spend a few hundred now and maybe get that write off erased from your credit history.
Legal Services is a good idea.
Best of luck.
If my last divorce is any clue, you are going to pay for all the warm and squishy stuff you once had.