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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I divorced six years ago and my husband let me keep and use

Customer Question

I divorced six years ago and my husband let me keep and use the Visa with his name as primary card holder because I didn't have any credit in my name. He said he wouldn't close it and that I could use it as long as I paid it, We didn't have anything in writing. I can't pay it now and he says he will file criminal charges now saying that I didn't have the right to use it and if I don't borrow the money from my children or find a way to pay it. He is worth 3 to 4 million. I live on social security and have had major medical bills over $200Kwhich I can give reciepts. The balance on the visa is $24K. The charges were not for items. I mostly took this out in the checks they send to help me with medical bills over the years.
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

Expert:  Chris T., JD replied 1 year ago.

If he gave you permission, he cannot file criminal charges, since the card wasn't used without his consent. You can establish this by showing how many months you did use the card without any problem and with his knowledge. He could, however, bring a lawsuit against you for the balance if he can show that there was some sort of agreement. The problem with that for him is if he first files a criminal case against you, claiming that you didn't have permission. If he does that, he'll have a difficult time then turning around and brining suit against you for failing to pay in accordance with your agreement.

Customer: replied 1 year ago.
We had used the card all during the marraige and he closed every other and bank accounts but this card which he said I could use because I didn't have any credit record in my name. I changed the billing address to my new address in TX because I was paying the Visa. He wanted me to forgive him this summer for his sexual additions with young girls and get back together and I said no so he is mad at me now and says that he didn't say I could use it. We are old Im 67 and he is 78 and I think he is getting dementia, he was sent to a nursing home by his doctors last Spring for a few months because of dementia. If I don't make a payment to the Visa will Visa contact him first since he is the primary card holder and then he will have to file charges against me? Can he file a criminal case agaist me? Would I have to go to jail? I can't pay the visa anymore...can I fill bankruptcy and how much does the cheapest bankruptcy case cost?