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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9587
Experience:  Licensed to Practice Law
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My ex-husband and I did go bancrupt making our first payment

Customer Question

My ex-husband and I did go bancrupt making our first payment of $1,500.00 on September 2, 2003. It was discharged on March 9, 2007.

Additionally my ex-husband fraudulently used my social security number and signed my name to obtain credit cards starting as far back as 1983. I mailed 129 letters with attachments of a police report, social securty card and my license on July 14, 2009 (used language on government site). The same information was sent to Equifax, Transunion and Experion. I have since receivied returned mail, letters agreeing the accounts were fraud and removing them from the reporting agencies and others stating they were part of the bankruptcy and will stay on the reports.

However, I have finally received from Discover an application proving my ex-husbands fraudulent behavior - false information and his signature of my name.

The call from Lifeguard Financial has made me concerned that he might be up to something in addition to violating the Nisi.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 4 years ago.

Hello and thank you for allowing me the opportunity to assist you. Before I can adequately provide a response, I need just a little more information.

Can you clarify your legal question for me? I'm not sure I understand what exactly you'd like to know.

If you added details that answer my Info Request in the “Optional Information” or “Already Tried” fields, then I apologize. Questions are often posted for the experts to answer prior to the completion of those fields. Just let me know that I missed something pertinent and I’ll be happy to get back to you.

Thank you.

Customer: replied 4 years ago.
<p>I felt my ex-husband was breaking our Nisi by using my phone number with the Lifeguard Financial company. Also the fact that I received a phone call regarding him. Our marriage went bad and we are to have no contact and this is the portion of the Nisi I am referring to:</p><p> </p><p>"Neither party will impose any restraint on the other's personal liberty nor harass the other in any way, including though the use of correspondene and telephone calls at the other's home."</p><p> </p><p>I thought if I could get confirmation that he used my phone number from the Lifeguard Financial I could move forward with my summons. With the fraud I'm concerned with what he is up to.</p><p> </p><p>My questions was how to get the company to give me the information I needed regarding my phone number being used by hime at his address; however, I've been told he did not violate the Nisi. Is this true? There is nothing I can do?</p>
Expert:  TJ, Esq. replied 4 years ago.

Thank you for the clarification. I do agree with whoever told you that your ex probably did not violate the court order. It’s quite a stretch to argue that one phone call from a creditor retrains your personal liberty or is harassment. If your ex used your phone number on credit card applications as a matter of routine, and you were constantly being bothered with such calls, then that could probably be considered harassment, but probably not the one call.

In any event, the only way to force Lifeguard Financial to provide the information is to subpoena the records. However, in order to subpoena the info, you’d need to initiate some kind of lawsuit against your ex. You cannot subpoena records in order to prove contempt. If you sue your ex for something like identity theft for using your personal information in credit applications, then you could subpoena the records.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification. Also, if you added details in the “Optional Information” or “Already Tried” fields that I did not address in my answer, then I apologize. Questions are often posted for the experts to answer prior to the completion of those fields. Just let me know that I missed something pertinent and I’ll be happy to get back to you.

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found some value in my answer. If so, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

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DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

 

TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9587
Experience: Licensed to Practice Law
TJ, Esq. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you for your thoughtful response. Hopefully there is nothing going on but it is still unnerving. I appreciate your time and information should I need it in the future (hopefully not).

Take care, Joan
Expert:  TJ, Esq. replied 4 years ago.
Glad to be of help. I also hope that there is nothing going on. Good luck!

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