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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11715
Experience:  19+ Years of Legal Practice in Family law matters.
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My husband filed for divorce and bankruptcy. He has since

Customer Question

My husband filed for divorce and bankruptcy. He has since closed all the accounts in my name and transferred them into his name, (bank accts, phone service, utilities). I can no longer get ay services without huge deposits, or I am just being denied service because of the bad credit situation I am now in. Is this considered fraudulent on his part and without my permission how did these companies allow it. I found out he was using a improperly executed POA and telling everyone I was incompetent. Can I sue him and the companies that allowed this. All accounts were in my name for years and I never missed a payment nor was I ever late
Submitted: 1 year ago.
Category: Family Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, thanks for your inquiry! I have been practicing family law for 17+ years and have specific experience with issues like yours. That being said...

With regard to your post:

My husband filed for divorce and bankruptcy. He has since closed all the accounts in my name and transferred them into his name, (bank accts, phone service, utilities). Were they jointly in both your names? Or are you saying he made a fake POA and the companies honored it?

 

I can no longer get ay services without huge deposits, or I am just being denied service because of the bad credit situation I am now in. What happened to get you into a bad credit situation - did he tortiously or wrongly cause your credit problem, or is it just the often 'natural' result of spltting up? (i.e. 1/2 the income leaves also).

 

Is this considered fraudulent on his part and without my permission how did these companies allow it. That will likely depend on how he managed to do it. If he lied to them (and about you), arguably, there may have been defamation (i.e. he said you were mentally incapacitated), and he spoke it to 3rd parties... and it has now damaged you (I think?).

 

I found out he was using a improperly executed POA Do you mean forged?

 

and telling everyone I was incompetent. That is the part that may be defamatory.

 

Can I sue him and the companies that allowed this.You can only successfully sue the companies if the committed a tort or breached their contract with you. So you need to read you contract and determine when they can cancel your account/services. If you'd already suffered bad credit because you didn't pay those particular bills, it may be that they could have cancelled you based on that... If they adhered to a POA it would likely depend on whether they had a reasonable basis to believe the POA.


However, you can likely sue your husband in tort for defamation, if that is what he engaged in and it caused you financial damages, or damage to your reputation (incompetence), or both.

 

All accounts were in my name for years and I never missed a payment nor was I ever late That is terrible. What happened to the credit?

Optional Information:
State/Country relating to question: Arizona

Already Tried:
To get my own phone service, but was denied. They flat out denied? Didn't offer you a deposit arrangement? Or was it so high as to be the same as no offer?

 


I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11715
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


1. No. Some or all accounts in my name only...or primary in my name only


2. we both caused problems and were seeking counsel for bankruptcy. I take the blame for his expenditures because I guess I allowed it.


3. Yes! confirmed to me by Postmaster that he went in to take my name off and transfer his name to the PO Box # XXXXX he was using an outdated, improperly executed POA and told her I was incompetent. She would not allow. However, after talking to her I allowed it, basically because I was just out of the hospital and not in a good frame of mind. That is when I sent him a letter to cease and stop using this form to take everything out of my name. He has continued


4. POA without my permission


5. Most accounts under my name only...show how they were changed..do not know


Can you help???

Expert:  AlexiaEsq. replied 1 year ago.
Hi again, and thank you for your follow up.

1. No. Some or all accounts in my name only...or primary in my name only

2. we both caused problems and were seeking counsel for bankruptcy. I take the blame for his expenditures because I guess I allowed it.


3. Yes! confirmed to me by Postmaster that he went in to take my name off and transfer his name to the PO Box # that he was using an outdated, improperly executed POA and told her I was incompetent. Presuming of course that you are as competent as you sound here (very articulate and intelligent), that may be actionable defamation, although it is not clear if damages resulting from that statement to that PM, since he was going to open the box based on the POA. You mention outdated POA, unless there was an express expiration date that you included in the POA you gave him, then I'm not seeing where it is outdated. However, if you'd revoked it and he knew it, then I'd say that was fraud. And how it was executed improperly, is not clear.

 

She would not allow. Oh, OK. However, after talking to her I allowed it, basically because I was just out of the hospital and not in a good frame of mind. That is a shame. So you approved his taking of the PO box.

 

That is when I sent him a letter to cease and stop using this form to take everything out of my name. He has continued You need to revoke in writing, so it is not a he said/she said. Consider getting yourself a Revocation of POA form, properly execute it, send it to him certified r.r.r and regular mail, and also present it to any entity you are involved in that you don't want him interfering in. At least it may stop the ongoing blood bath. And, you can likely still sue him if he knowingly is using a POA he knows was revoked by you.


4. POA without my permission Then it is not a valid POA. And, since they must be notarized, generally, you can possibly sue the notary who lied when she stated she witnessed your signature, along with the witness(es) who also signed it.


5. Most accounts under my name only...show how they were changed..do not know Sounds like recourse against him for forgery (since you didn't sign it) and the notary and the witnesses.


Can you help??? I can answer legal questions such as these, but we are prohibited from representing visitors here or forming attorney/client relationships, unfortunately.

 

Good luck. Are you clear on what legal claims you may have? You may also be able to file a police report - but often the police don't stand up and do their job when it is between spouses - it is wrong, but prevalent, as I see it.

Customer: replied 1 year ago.


He has systematically with intent and malice ruined me. All while I was ill and in the hospital.


 


He wanted to keep the PO Box that was already established under my name, so he did not have to change all mailings to him. I believe the Postmaster would not accept it because it was not notorized...He used the one that was attached to our will or he just made one up.


 


I did revoke the POA, but he has continued to take my name off of accounts even after that.


 


And, no I am not incompetent, and never was. I now know about the police reports, but day late and dollar short.


 


Wish you could represent me. Will try to find someone


 


Thank you for your help

Expert:  AlexiaEsq. replied 1 year ago.
Hey again, I am so sorry for all that you have been through!

He has systematically with intent and malice ruined me. All while I was ill and in the hospital. Such a shame that people can become so hateful and vengeful to those they once loved.


He wanted to keep the PO Box that was already established under my name, so he did not have to change all mailings to him. I believe the Postmaster would not accept it because it was not notorized...He used the one that was attached to our will or he just made one up. Sounds like fraud to me. Note that if you sue him, you need to make sure you do it before each respective statute of limitations is up - which depends on which "cause" of action you pursue. i.e. defamation, theft, whatever.



I did revoke the POA, but he has continued to take my name off of accounts even after that. But you need to notify the entities that he is conning! For this reason, get your written revocation and present it to any of your now existing business relationships so he can't get away with conning them at your expense.



And, no I am not incompetent, and never was. I know :) I now know about the police reports, but day late and dollar short. Those should be free. But yes, best to do it close in time - but not always required.



Wish you could represent me. Sorry. Me too.

 

Will try to find someone. Sounds good.

 

One more thing - if possible - if going after him with uncertain results is going to hold you back from moving forward with your life (emotionally, rebuilding your financial self, physical health, if stress has damaged it, etc.), consider just keeping him in the past and fixing the future for yourself. It may sound strange, but I have seen people spend years and years trying to get even after being treating very badly, and next thing they know, they are 10 years older, never got true satisfaction, but expended a lot of energy on the negative fight that may have been put to better, happier use, moving forward and getting the best revenge - which may be just moving on and NOT letting him continue to make your life upsetting, having an awesome REST of your life, with him gone. And, karma does seem to have a funny way of biting people like him down the road, when least expected. ... so there is hope that what comes around goes around but not by your hand. I'll be crossing my fingers for that!



Thank you for your help

Customer: replied 1 year ago.

already considered the Karma aspect... and trying hard to move on, but when you are denied basic services, (phone, utilities, ect) becaause of what someone else did to you it is hard


I will take up no more of your time. Thank you so much for being an ear.. And, I know the cost of attorney to clear my name far outways the end result. But, I would do it in a hearbeat if it meant he had to suffer the same thing on me.


 


Again thank you... Carol

Expert:  AlexiaEsq. replied 1 year ago.
Hi Carol,

already considered the Karma aspect... and trying hard to move on, but when you are denied basic services, (phone, utilities, ect) becaause of what someone else did to you it is hard Yes, I know. I don't know if this will help, but my work/business/home phone is my cell (iPhone). I think there are packages that you can pre pay and can tell the land line company to take a hike. There are so very many people with very damaged credit these days, due to the terrible economy - I know they somehow secure basic utilities and such, why are they giving you a zero answer?


I will take up no more of your time. You are not a bother at all. Please know that. We can all land in a bad spot at some point, none of us are immune. (I sometimes like to think I had my bad spots when I was much younger, lol, so that hopefully my misfortunes are things of the past, so long as I don't do something bad, illegal, etc.

 

Thank you so much for being an ear.. Anytime.

 

And, I know the cost of attorney to clear my name far outways the end result. But, I would do it in a hearbeat if it meant he had to suffer the same thing on me. I hear you. A little poetic justice. Let's just make sure you come out OK and on top. In time, with getting back on top of paying bills you I believe this will be a bad memory. (Will bankruptcy be an option? in a couple or 3 years, you can be growing your credit again.)


 


Again thank you... Carol Welcome Carol, be well tonight. There are positive here you know, not the least of which is getting Mr. Toxic out of your life. Have some fun tonight.

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