Husband, now deceased, opened cards in my name

[longtimelurker]

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@RSX wrote:

i am tending to think that any lawyer fees will greatly outweigh the cost of just dealing with it and getting it cleared up for good

that is just my opinion  - and what i would do

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Another reason why I would at least consider consulting a lawyer: you don't know what else might be out there!  Certainly look for stuff impacting credit reports (loans and credit cards) but potentially other agreements could have been made that either don't appear (as not credit related) or haven't appeared yet.    If later on you need to say "That wasn't me" IMO paying Citi might undermine that argument.

[MountainHiker]

First course of action is to exhaust every legal option to separate those debts from you having to take responsibility for something you did not do. I would want to determine if a medically ill person could be considered in his right mind at the time of those debts?

Can someone else sign your name to a financial obligation without you being informed?

Could someone else have taken advantage of of your deceased husband while he was medically ill?

Is this credit fraud?

I would not accept this situation without a legal fight.  Please talk to at least a few attorneys before making up your mind how to move forward. 

You don't deserve to pay a debt which you did not create. 

[pizza1]

@despritfreya  might have an opinion on this as well. Hopefully they see this tag.

[despritfreya]

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@pizza1 wrote:

@despritfreya  might have an opinion on this as well. Hopefully they see this tag.

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I got the ping but it may be a bit before I can read through this thread.  I will as soon as I can.

Des.

[despritfreya]

I need to preface this by reminding folks that I know very little about CRAs and/or the reporting by them on a CR but that what is reported must be accurate.

I believe prior responses covered this but. . .

1. OP is the victim of identity theft and, in my opinion, can dispute any items that result from such theft. Yes, the theft was done by a spouse, but it is theft none-the-less. The problem is getting anyone to listen if and when OP disputes the reporting.

2. In my opinion, OP could try to “settle” but any settlement should be in writing with a clear statement from OP that this is not her debt and that she is doing so only out of convenience.

3. If the SOL in Texas on this type of account is 4 years, we are beyond that (or close to it). However, SOL is a defense to a lawsuit and can be waived if not raised. So, if the “creditor” attempts to collect by way of filing a lawsuit, OP needs to make sure the defense is properly raised. In addition, the typical Rule 12(b) defense of "failure to state a claim upon which relief can be granted" should also be raised.

Des.

[Horseshoez]

@AndieTX, I had a situation similar to yours in that I discovered my (now former) business partner of 30 years had opened up three personal credit cards and two lines of credit for for our business in my name; the total debt he ran up was over a quarter million dollars when I found out about them.  When I challenged the debt with the financial institutions I asked to see the signature cards, the only good which came out of that was one of the signatures was so obviously not mine they removed the debt.  The other four were "close enough" and stuck; I ended up filing a Chapter 13 to get out from under the remaining debt.