Legal Question in Credit and Debt Law in Virginia

Liability for Credit On Forged Signature

Is the husband liable for debt on a credit card that his wife (now ex-wife)created when she forged his name on a credit application and maxed out the card without his knowledge?


Asked on 1/27/03, 9:49 am

2 Answers from Attorneys

Daniel Hawes Hawes & Associates

Re: Liability for Credit On Forged Signature

Sounds to me like you've answered your own question by having stated the facts the way you did. You clearly know what the legal issue is, and what it implies.

It appears that you are interested in validation of some sort, and have asked us to assume that the facts are as you have stated. What I'd want to know is whether your purpose is to say "nyah nyah nyah, told you so" to the ex, whether you want to have her jailed for identity theft, or whether you want to be able to challenge the credit card company. If the latter, and if you've gotten an invoice from a collection agency, then there are certain things you must do within a short time to protect your rights as well as possible under the Fair Debt Collection Practices Act. If the facts are as you say, and you're prepared to testify, then you could go to the local magistrate and charge the ex with forgery and/or identity theft. If the Commonwealth is successful in obtaining a criminal conviction, that'd go a long way towards exonerating you on the civil liability issue. If, on the other hand, they are unable to establish probable cause on the basis of your testimony, then you could be looking at an action against you for defamation, abuse of process, malicious prosecution, and/or false arrest.

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Answered on 1/28/03, 7:04 am
Daniel Press Chung & Press, P.C.

Re: Liability for Credit On Forged Signature

No. Not if it was a forgery.

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Answered on 1/27/03, 9:56 am


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