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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16391
Experience:  Experienced Licensed Attorney
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I 't know if this is a legal question or a family law

Customer Question

I don't know if this is a legal question or a family law question? I have been married for 4 years and currently relocated to Delaware from Florida. My soon to be ex husband(we are not divorced yet) gave me permission to open a credit card for bills that needed to be paid. I did tell him I would pay it back within a month. I had an uneasy feeling about it, so after we spoke on the phone, I did text him so I would have him giving me permission in writing as well. We had a disagreement a couple of days ago about the divorce( he doesn't want one) so now he has put a claim on one of the charges through chase bank and is now saying he is filing a police report!! I am so confused about this situation. Especially since I have the text messages saying it was ok to get the credit card. I don't know what to do..I have way to much to lose...
Submitted: 5 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 5 months ago.

Hello. My name is Alex.

Thank you for your question.

I will be happy to provide you with information you are seeking for educational purposes only.

Have you been questioned by the police, arrested or charged with any crime?

Did you open a credit card in your husband's name and used a credit card that had his name on it?

Please provide me with more details about the situation related to your question.

Thank you.

Customer: replied 5 months ago.
No I have not been contacted ,arrested, or charged. But he is threatening me with that. Yes I did open the credit card and it was used. Not only did he give me permission over the phone to apply for it online. I also have numerous text messages from him stating it was o.k to get the credit card. He just wanted me to pay it back. Now he knows that I want the divorce and he is threatening me.
Expert:  Alex J. Esq. replied 5 months ago.

Thank you for your follow up.

Did you open a credit card in your husband's name and used a credit card that had his name on it?

Do you realize it is illegal to apply for credit in any other person's name, even with the express permission of the person who's information is being used in the application?

Customer: replied 5 months ago.
No I didn't know that, it was his idea so I didn't think of problems that could occur until now.
Expert:  Alex J. Esq. replied 5 months ago.

Did you open a credit card in your husband's name and used a credit card that had his name on it?

Customer: replied 5 months ago.
Expert:  Alex J. Esq. replied 5 months ago.

Thank you for your follow up.

Unfortunately, it is illegal, in fact a federal felony bank fraud to open a credit card account in anyone's name, even if permission is given by the person who's information is used on the application and if a person uses a credit card that was issued to another person, that can constitute federal felony credit card fraud, which is a very serious federal felony crime punishable by up to 5 years in prison, fine of up to $250,000 and also a criminal restitution upon conviction.

So with that said and given the seriousness of the situation and potential felony charge, it is important not to discuss the matter with anyone and to consult and retain an experienced local criminal defense attorney and to let this local attorney handle any and all communications with husband, authorities, police, etc...since anything that a suspect says herself, can and will be used against her if criminal charges are filed.

You can find an experienced and skilled local criminal law attorney by using this established and reputable attorneyinformation / referral websites:

www.lexmundi.com

www.martindale.com

www.lawyers.com

www.legalmatch.com

When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to criminal law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter might be heard.

I wish you the best of luck!

Customer: replied 5 months ago.
since he lives in florida and I reside in Delaware, where would this matter be dealt with?
Expert:  Alex J. Esq. replied 5 months ago.

Thank you for your follow up.

Where the alleged crime took place, so if the credit card was applied for and used in Delaware, then generally, the criminal investigation would take place in Delaware.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 5 months ago.

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.