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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33747
Experience:  Began practicing law in 1992
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While I was married my ex wife got onto my boscov's account

Customer Question

while I was married my ex wife got onto my boscov's account and maxed that credit card out. She also took my express credit card from the mailbox and used it and maxed that account as well. She wasn't on that account either and wasn't on my victoria secrets account. But she maxed them out. can I sue my ex wife for ruining my credit or can I sue the stores for allowing this to happening? Her and the stores actions forced me into bankruptcy.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

You can sue your ex-wife and the store(s) but you are going to find it difficult to get a judgment against the store since they are going to put the blame on your wife as a responsible third party. If you are planning on suing them in small claims court then you are going to put a lot of extra work into the case since the corporations will have lawyers involved and if you hire a lawyer to sue them it is going to make it a more expensive case.

If you go the lawyer route you may want to discuss how much more expensive it will be to include the companies in the case and then decide whether or not you want to invest the extra money.

There is also going to be an issue as to whether this should have been handled in the divorce. Whether it should or not is extremely fact dependent and you will want to discuss that issue with the lawyer as well and let them do the legal research to make sure the case won't be barred for that reason.