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My husband keeps adding my name to his credit cards then maxing out the cards. What are my rights? Is this fraud?

Peachtree City, GA |

I tell him NOT to add my name he still does. I have great credit and feel he is being vindictive. He knows how important my credit history is and I feel he is trying to trap me in this marriage.

Attorney Answers 4


There is no way he can add your name unless either you agree or if he forges your name and commits a felony.

Your remedy to stop him is to immediately make a police report on each card, file fraud alerts on your credit report, complain to each bank, and then swear out a warrant for his arrest. You need to do this right away and not wait a long time. Once you get him arrested you can divorce him and be rid of the criminal you married. You'll want a good lawyer.

Note that if you keep allowing this to happen, everyone will assume you consented and you will be stuck with the cards and the debt. Note that you must act quickly. You can't wait for him to use the cards a lot, enjoy the lifestyle, and then complain.

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I need a little more information. Is he simply adding you as an authorized user? It is my understanding that under these circumstances you are not liable for the charges. Make sure, however, that you do not use these cards at all. You can contact the credit card companies and instruct them to remove your name from the card. Have you pulled your credit report recently to see if these cards are showing up on your credit report? If the cards are no showing up, he may have only added you as an authorized user.

I agree with the previous answer in that you must take immediate action. Many credit "experts" recommend that you freeze your credit so that you cannot be subject to fraud. When you are ready to puchase an item with credit, you unfreeze your credit temporarily. At a minimum, your should place a fraud alert with the credit reporting agencies and contact the credit card companies to let them know that you have not authorized the use of the cards.

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From a perspective of helping you, the advice the other lawyers have given you is correct. Report the fraud, notify the companies, and pull your credit file to see if the debts are listed as authorized accounts or as your personal debt, and dispute the incorrect information. However, if you are looking to stay in this marriage, reporting fraud could hurt your spouse and even subject him to criminal prosecution. Just be aware of the consequences before you act. Either way, it sounds like you need to talk to a divorce lawyer and go ahead and be gearing up on that front if he is doing these things just to hurt you or keep you.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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Get a hard nosed divorse lawyer.

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