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Attorney & Mediator
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My sons ex,prior to their divorce forged his name to an application

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My son's ex,prior to their divorce forged his name to an application to a major credit card which she then charged a large amount to. She was awarded a large cash settlement and the judge ordered her to pay off all outstanding c. card bills,incl. the one in question. She paid all off except for the one in my son's name. This has been ten years now and is still unpaid,although she has paid all of the payments,most late but is barely keeping up with the interest accrued. The C. Card company now owned by Bank of America still send billings to my son even though he has sent them a copy of the forged application and the judges orders and the fact that he has never paid any amounts. His wife has paid all payments to date. He wants the bank to take his name off of the account and put her name on as sole creditor. This has hurt his credit scores and increased his home purchase situation.
Submitted: 8 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 8 years ago.
Unfortunately unless your son had the ex-wife prosecuted for the forgery and fraud she committed, the credit card company is not going to remove his name and does not care what the divorce Judgment provides. All they care is that your son be responsible as his name is attached. The ex-wife is obligated to pay per the divorce orders, so your son must file a motion for contempt to enforce her obligations and to request court sanctions for the violations as well as his attorney fees to be paid if he uses a lawyer to enforce this.

Given that it is now ten years since the divorce, prosecuting for the forgery and fraud may now be too late, this would have been a way to remove his name from the account since the whole account would be void because of the criminal offenses.

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