Legal Question in Family Law in New Mexico

Cedit cards in my name without permission

I am going through a divorce and just found out my spouse has over multiple credit cards she has in my name. Most are over the limit. I knew of half of them, and the other half she opened through the same company's. I am currently trying to get information on these and how they were opened. It looks to be that no signed documentation was needed to open the other accounts. Am I able to press charges for Idenity Theft now that I am responsible for them?


Asked on 8/11/16, 10:47 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

(1) If you are going through a divorce that means your divorce is not done and you can file a motion in your case and ask the judge to assign those debts to your soon to be ex. (2) You can and should speak with a Bankruptcy attorney about bankrupting the entire debt. Depending on the size and amount of the credit card debt bankruptcy may simply be a more economical decision regardless of how the debt was created; i.e., fraud or identity theft. (3) If someone [even your wife] committed fraud and signed your name onto a credit card application then you should notify the fraud department of the credit card agency. Then, go back to #1 above. (4) You could call the police and report her or fill out a crime / incident report to try and press charges.

Hope this helps. Good luck.

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Answered on 8/12/16, 7:34 am


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