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freshwest

(53,661 posts)
21. Were you only legally separated or fully divorced when the account was open?
Sat May 26, 2012, 02:34 PM
May 2012

Are you in a community property state? I think those laws supersede whatever you did or didn't sign, although someone here may know differently. As I recall, the law was simply whatever debts or assets were joint during the years of marriage - period.

I ended up paying my ex-husband's debts that he had incurred while we were in the process of divorce. The IRS tried to make me pay his income taxes until I went to the federal courthouse to show them my 'married, filing separately' tax returns and petition for divorce. Others were not so lucky. I've known women who worked at jointly-owned businesses with their husbands who absconded with the proceeds and took off. Then they were stuck with tens of thousands of dollars taxes, debts, etc., they had to pay.

In my case, the IRS was easy to resolve the matter with, but all the creditors, including his student loan debtor, came after me because I was doing everything above board, accumulating assets but he was working under the table. They may consider you to still be married and you'll get stuck. It gave me an ulcer and took me a few years to pay off, but I finally did.

We were supposed to have an amicable, uncontested divorce but he dragged his feet for two years and my attorney said it was apparent he was taking advantage. I'd given him the cars, the house and all the goods and left with the clothes on my back for my peace of mind, and that was how we were going to divide things, but the creditors didn't care. So I had to file for a contested divorce to force him to come to court, since he didn't want the divorce finalized. It still took some years to get my credit back in good standing.

Good luck getting separated from this mess. I don't know if it's still done, but You might put one of those advertisements in your local newspaper. Saying 'As of (date), I (your name) am not responsible for any debts not incurred by myself.' Or something to that effect, as legal notice. And notify the credit reporting agencies that you are divorced.

LOL EFerrari May 2012 #1
At the risk of opening a fifth front, might I suggest filing a lawsuit coalition_unwilling May 2012 #2
My law firm wanted a retainer of $50,000 to litigate the matter slackmaster May 2012 #5
Don't lawyers take cases like this on a contingency basis? sabrina 1 May 2012 #30
I might be able to find one, but my provable actual damage is in the $10K - $20K range slackmaster May 2012 #31
I know they like cases that have the potential to make a lot of money, so yes, you probably sabrina 1 May 2012 #32
I really don't care about getting a monetary settlement from Bank of America. I only want one thing: slackmaster May 2012 #33
I understand, and hope you do win without the bother of a lawsuit. sabrina 1 May 2012 #38
Credit Reporting Agencies sunnystarr May 2012 #42
I'm already at that stage. I have a written admission from BofA that they can't produce a copy... slackmaster May 2012 #53
lawyer up Meiko May 2012 #3
You mean your ex did it... deaniac21 May 2012 #4
Maybe. All I know for sure is that I never signed an application for joint revolving credit slackmaster May 2012 #6
me either deaniac21 May 2012 #9
Were you only legally separated or fully divorced when the account was open? freshwest May 2012 #21
BofA claims it was opened while we were married, but they can't prove it because they don't have... slackmaster May 2012 #28
Does your wife say it was was opened after you were married? Did she open it under your last name? freshwest May 2012 #36
They wrote it off and sold the account to a collector on Feb.1. I called the collector. slackmaster May 2012 #37
Then it is simply on the credit record? Is your wife paying as agreed in the bankruptcy? freshwest May 2012 #40
My ex isn't very communicative. I don't know what's up with her finances. slackmaster May 2012 #41
If she isn't paying, and the card was in your name (married or not) you're kind of stuck. freshwest May 2012 #43
The account is "in my name" on BofA's electronic records only, and those cannot be verified slackmaster May 2012 #55
They bought out the bank that held my 6% fixed rate card and without my knowledge raised appleannie1 May 2012 #7
That's messed up slackmaster May 2012 #29
I hate them too and will be happy to assist TBF May 2012 #8
They are crooked and they are evil. Trust. spiderpig May 2012 #10
I'm curious as to why she would have added you on? dkf May 2012 #11
Yes. At that point, she could try to off load the debt and use the account EFerrari May 2012 #14
I have no evidence that my ex did it. Because BofA can't find the credit agreement, it's not... slackmaster May 2012 #20
You're right it doen't mean that she added you. sunnystarr May 2012 #44
The account wasn't even opened at BofA. It's been through at least TWO system conversions. slackmaster May 2012 #56
I feel your pain goclark May 2012 #12
That's exactly what happened to Mr. pig! spiderpig May 2012 #15
Oooo, thanks for bringing up safe deposit boxes. SheilaT May 2012 #26
A hardy SECOND! jimlup May 2012 #13
They and Chase helped push my ex-wife into insolvency slackmaster May 2012 #22
Add your complaint to RipoffReport.com L0oniX May 2012 #16
Credit reporting agencies have an obligation to you/us, re: truth/facts, elleng May 2012 #17
That's exactly what I'm doing. The process is slow and tedious. The Fair Credit Reporting Act... slackmaster May 2012 #24
Of course its not near level, and freedom isn't free, elleng May 2012 #27
Federal Trade Commission --- that's where I believe your complaint should be filed. jerseyjack May 2012 #18
Already done. Also the California AG because BofA failed to comply with a section of our Civil Code slackmaster May 2012 #25
My B o A story. jerseyjack May 2012 #19
glad to help with a kick. FUCK THE CRIMINAL GANG THAT CALLS ITSELF BANK OF AMERICA! HiPointDem May 2012 #23
I am another one who hates Bank of America airplaneman May 2012 #34
Similar thing happened to my son. He Riley18 May 2012 #35
Keep it up! I almost set up my own one-woman picket of the place, myself! countryjake May 2012 #39
There is an easy solution to your problem. GETPLANING May 2012 #45
+1 n/t MrsBrady May 2012 #47
To sue in small claims court, you have to prove you suffered $$$ loss. jerseyjack May 2012 #49
I just had a similar BOA experience. DontTreadOnMe May 2012 #46
Just ading my two cents meeksgeek May 2012 #48
Washed my hands of the criminal enterprise years ago. Local credit union is the way to go. geckosfeet May 2012 #50
I learned them to be crooks 40 years ago as a young teenager nolabels May 2012 #51
My first encounter with BofA was in 1976. I walked into a branch to cash a personal check... slackmaster May 2012 #54
I have never intentionally opened any kind of account at BofA. They already had a bad reputation... slackmaster May 2012 #52
UPDATE on my dispute with BofA, 6/5/2012 - Equifax has removed all derogatory information slackmaster Jun 2012 #57
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