What to do???

[fishone4]

My BF was divorced in 09. Since his divorce his ex has totally messed up his credit. She got the house, but never refinanced and let it be foreclosed, she also never refinanced her car and it was repo'd. While they were married she and even after she opened Credit cards and other accounts in his name. Finally after garnishments, courts dates and judgments he figured the best thing to do would be file B CH7, The ex moved to a state where they can't garnish her.  Next month it will be final. Problem is he has new accounts pooping up. He's had some medical accounts show up that are in collections and they are bills that she put in his name when she took the kids to the DR. Yes he pays for the insurance but he's never signed any forms for his Children's doctor bills. Can she legally do this. She's putting his name down but must be getting the bills at her address. He also has a huge number of inquiries on his account. Chase, Cap.1 , Kohl's as well as a company that pulls your credit for House rentals. That one is dated around the time she moved out of state into a house that her employer owns. Also on his report it has the EX's new  address as well as her old ones where she lived before she moved. She moved to a different state over a year ago. We have had her address come up on other things as well. We decided to just have one Sam's membership, mine was due for renewal and his was good for another 6 months so he put me on his membership, when I tried to do some online shipping I couldn't get into our membership account,, After calls to Customer Service, we found out all her info was on the account. It's easy for her to do this because her first name is his but with a E on the end, and she still carries his last name. How do we stop her. He has had to pay some of her old gas, electric and water bills, because she used his information. Imagine getting a shut off notice for your water  gas and electric for an address you never resided at.  I'm just scared that once the BK is final and credit app's start making it to the mailbox, that some will find there way to her and she's going to start this all over again.

[RobertEG]

That is why any divorce decree should teminate the continued use of joint credit after divorce.

My divorce decree, for example, required sale of the house in order to distribute the assets and eliminate the affect of one former spouse's future credit usage on the other.

Our joint credit cards were closed as part of the separation agreement, and incorporated into our divorce decree.  Unless the accounts are actually closed, the creditor will still hold both responsible for future use.

I know its a bit late for that now.  Unfortunate.

[drkaje]

Reads like identity theft, to me.

[fishone4]

I was thinking Idenity thief and or fraud, how do we go about proving this. We did get letters from the utility companies showing her address as the bad accounts. We have made request to have her addresses removed from his reports but that hasn't happened. Should he go to the post office and file a complaint ? How do we find out of she is getting mail at her address in his name? All of this is just making me so stressed.

[drkaje]

He'll have to file a police report.

[namvet]

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@RobertEG wrote:

That is why any divorce decree should teminate the continued use of joint credit after divorce.

My divorce decree, for example, required sale of the house in order to distribute the assets and eliminate the affect of one former spouse's future credit usage on the other.

Our joint credit cards were closed as part of the separation agreement, and incorporated into our divorce decree.  Unless the accounts are actually closed, the creditor will still hold both responsible for future use.

I know its a bit late for that now.  Unfortunate.

 

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  I avoided all these problems when i got divorced.  The DW and i agreed upon no joint credit and it worked just fine.  I had my credit and she had hers. 

[RobertEG]

If you wish to attack this as an identity theft matter, you have a lot of clout under the FCRA.

You DONT have to prove a negative.

All you must do to open up the FCRA gates is be willing to first put your assertions in writing in the form of a police report.

FCRA 603(q) accepts a police report as what it calls an "identity theft report."

Once you have filed the police/identity theft report, you can send a copy to any business reporting any information that you assert to be potential identity theft, and they must provide you with their internal business records relating to that information.  FCRA 609(e).  It removes the consumer from the impossible position of having to prove a negative (account not authorized by me) by requiring the business to provide you with discovery of their relevant documents.

You can additionally send a copy of the police report to the CRAs, and get the items related to potential identity theft blocked from further inclusion in your CR.

FCRA 605B.