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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Experience:  25 years experience practicing attorney
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For approximately 10 years I have ran a company that my husband

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For approximately 10 years I have ran a company that my husband and I owned. During our marriage my husband always had me sign his name (without legal POA). I signed his name for cars, motorcycles, DMV documents, credit card transactions and so on for years and years since he never physically participated in our business. In 2009 our business failed. Now he is making threats to press charges for signing his name without his written permission in an attempt to get out of having to pay back monies that I used to try to keep the store open. In January of this year he contacted the credit card companies and asked for details on charges that he wanted to dispute. They sent him the records but he didn't dispute them. He keeps asking for more money from me for him to not press charges. I have contacted a criminal lawyer and he said that there would be no case since I have wittnesses from different businesses that Rich had them accept me singing his name and that I used the monies to pay legitimate business expenses. Does this sound correct to you? Another attorney said that my ex is guilty of blackmail?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 3 years ago.

Dear JACUSTOMER - I seriously doubt that any prosecutor would accept any charges your ex tried to file in this situation. I would not pay him any money to keep quiet since this is a form of blackmail. You obviously had the apparent authority to sign for the business and this is simply a civil matter between your ex and the creditors. He may or may not be held liable for the debts but I see no criminal activity in this case.

 

It may be that you will be responsible for these debts if you signed his name but that is not a criminal action.

 

Dave Kennett

Customer: replied 3 years ago.

Do you think the debts would be dischargable in bankruptcy? Do you think the creditors would file charges if he denies the charges? Does he have a time limit to dispute the charges?

 

Expert:  Dave Kennett replied 3 years ago.

These types of debts are generally dischargerable in bankruptcy. The creditors would have no reason to file criminal charges for a civil debt.

 

Dave

Customer: replied 3 years ago.

FYI... Hubby has since left the state refusing to give me a divorce. I had him served with divorce papers stating that he is responsible for all debts in his name and I am responsible for debts in my name. Oregon's divorce law states that if he doesn't respond with in 30 days that I receive a default judgement for these terms. He didn't repsond and I have been granted a default judgement of terms and a final judgement of dissolution of the marriage. Can you think of anything else that I might do to protect myself? BTW irregardless of your answer to this question I am very happy with your assistance and will accpt answer. Thanks for your prompt assistance.

Expert:  Dave Kennett replied 3 years ago.

If you can get a default then that's great. I just can't see anything else you can do about prior acts of incurring the various debts. The creditors are not bound by anything in the decree so they can sue whoever they please regardless of the language in the court order as to who is responsible for the debts.

 

Dave

Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27686
Experience: 25 years experience practicing attorney
Dave Kennett and 4 other Criminal Law Specialists are ready to help you

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