Legal Question in Credit and Debt Law in Georgia

My husband took a $1500 pay cut a month about a year ago. We couldn't afford our monthly bills, so I took out credit cards in my husband's name to pay the bills. I'm a stay at home mother obviously with no income, that's why I didn't take them out in my name. I have bank statements to prove where the money went. My husband is threatening to file a police report for credit fraud. My lawyer has told me it's nothing to worry about that a just would never issue a warrant for it since we are married and what it was used for. Is this right?


Asked on 6/04/15, 9:46 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You have a lawyer - hopefully a good criminal one, because that is what you need.

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Answered on 6/05/15, 7:02 am

What you did was engage in financial identity fraud. The fact that the husband is threatening to file criminal charges suggests that all is not hunky dory in wonderland. Since you have a lawyer, I assume that you are headed for divorce court. If this is a family lawyer, you need to someone get this worked out - either the debts will be assigned to you and you have to pay them or maybe you give up some alimony/spousal support in exchange for your husband not filing a police report. This definitely has to be negotiated.

You cannot stop your husband from pressing criminal charges and in that case, you will need a good criminal attorney who should probably be able to work out something if this is your first offense and you agree to be responsible for the debts.

This was an incredibly stupid thing to do. Just because you are married and the funds were used for marital debts does not give you a free pass and allow you to create fraudulent accounts. And getting money on credit is never the solution to your problems to pay debts. It is like robbing Peter to pay Paul. You don't do it. What you and your husband should have done is sat down together when he learned of his pay cut and discussed how you as a couple were going to deal with that, whether the husband gets a second job, or you go to work or whatever. Taking out fraudulent credit cards, even if for the best intentions, is not the way to go.

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Answered on 6/05/15, 8:39 pm


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