Hi. 
I have what may be a bit of an unusual problem. I've been in a "domestic" situation for several years. My husband is very unreasonable and forces his way. He has had debt before me which he has written off (he didn't make payments on purpose so that he could eventually do this). Knowing his bad credit and money habits, I didn't want to let him use my credit. But he pressured me into it over the years.
He applied for cards online without me being present, and when I would find out it was just something I had to deal with. I did call the companies occasionally after the fact and used the cards for household expenses as needed, so I had involvment and knowledge of the cards which can be proven. This all may be, I'm not trying to argue my part of the debt but to explain the situation.
My issue is that he added a relative of his onto my Amex account without my consent. It was my understanding that you had to call Amex personally to add another person (or he would have done it online himself to begin with). He was trying to pressure me into addind this person, but I never did it. Some time later, I found out that she had in fact been added and spent $6,000 on the card. She refused to pay her part, and eventually the account went to collections with $11,000 debt on it. While I had knowledge of the debt, I never authorized the part that she spent. I never authorized her to have a card.
I assume that he gave her my information and had her call in pretending to be me. This has got to be illegal. I don't know what to do about it though. It's been a few years since it happened... I never called the police or Amex about it, hoping to somehow resolve it within the family at some point and also because my husband is very difficult and abusive toward me (I of course have no police report record against him...). He isn't asking her to pay her part and is letting her off the hook completely.
We are on the verge of a divorce now, and it may in fact be only days until it happens. But I can't move on with all this debt hanging over me. I would at least lke to see what can be done about the charges his relative racked up. Is there anything I can do? Needless to say, the cost of a lawyer is a major concern or I would have dealt with this a long time ago. I've thought about finding a pro bono, though someone told me they don't deal with criminal cases. Unless this could be a civil case they probably wouldn't help me.
The reason I'm posting on the credit card forum is that I'm wondering if I could get her part taken off if I contact Amex and ask for proof that I authorized her. If she called it in, all they could come up with is her voice on the phone (she has a distinct accent). Any advice on the situation would be greatly appreciated though.
Thank you.
@Anonymous wrote:Hi.
I have what may be a bit of an unusual problem. I've been in a "domestic" situation for several years. My husband is very unreasonable and forces his way. He has had debt before me which he has written off (he didn't make payments on purpose so that he could eventually do this). Knowing his bad credit and money habits, I didn't want to let him use my credit. But he pressured me into it over the years.
He applied for cards online without me being present, and when I would find out it was just something I had to deal with. I did call the companies occasionally after the fact and used the cards for household expenses as needed, so I had involvment and knowledge of the cards which can be proven. This all may be, I'm not trying to argue my part of the debt but to explain the situation.
My issue is that he added a relative of his onto my Amex account without my consent. It was my understanding that you had to call Amex personally to add another person (or he would have done it online himself to begin with). He was trying to pressure me into addind this person, but I never did it. Some time later, I found out that she had in fact been added and spent $6,000 on the card. She refused to pay her part, and eventually the account went to collections with $11,000 debt on it. While I had knowledge of the debt, I never authorized the part that she spent. I never authorized her to have a card.
I assume that he gave her my information and had her call in pretending to be me. This has got to be illegal. I don't know what to do about it though. It's been a few years since it happened... I never called the police or Amex about it, hoping to somehow resolve it within the family at some point and also because my husband is very difficult and abusive toward me (I of course have no police report record against him...). He isn't asking her to pay her part and is letting her off the hook completely.
We are on the verge of a divorce now, and it may in fact be only days until it happens. But I can't move on with all this debt hanging over me. I would at least lke to see what can be done about the charges his relative racked up. Is there anything I can do? Needless to say, the cost of a lawyer is a major concern or I would have dealt with this a long time ago. I've thought about finding a pro bono, though someone told me they don't deal with criminal cases. Unless this could be a civil case they probably wouldn't help me.
The reason I'm posting on the credit card forum is that I'm wondering if I could get her part taken off if I contact Amex and ask for proof that I authorized her. If she called it in, all they could come up with is her voice on the phone (she has a distinct accent). Any advice on the situation would be greatly appreciated though.
Thank you.
Aside from what you need to do for your own safety, the first thing that should be done is to file a police report. Someone commited wire / mail fraud and there may still be time left on the statute of limitations for prosecution. One facing a felony investigation can be powerfully motivated to poop out enough money to pay what they owe. You may also have time left on the SOL to file a civil suit against the individual.
You can try claiming fraud with the card issuer, but that may not produce the results you'd like to see. The card issuer is going to say that you have seen these charges for a long, long time and haven't reported them. So, it looks like you may ultimately be responsible for them.
As others have correctly advised, you need to freeze your credit reports at each of the credit bureaus and possibly add fraud alerts. I would call each and every creditor and report your accounts compromised so that they issue you new cards with new account numbers and also remove your soon-to-be ex-spouse from the picture.
Depending on how much the total loss is and your financial situation, BK could be an option. The good thing with AmEx is that although you escape liability, the authorized users who charged on the card will not. I know it's not much, but sometimes it feels good knowing that the one who messed you over is also gettng the shaft. 
P.S. Try a local university law clinic or your local legal aid society. Also, some state bar associations will refer you to an attorney who can offer their services pro bono.