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