exspouse acquired Credit Card in my name

[beullar]

My ex-wife opened a Discover Card without my authorization using my personal info. I had no knowledge of or benefit from this account. In the divorce settlement she agreed to take responsibility for the account. Discover has tried to make me responsible even though my wife admitted to Discover that she falsified the application. Discover wants me to press charges against her or they will not remove my name. I agreed not to as part of our Divorce agreement providing she accepts full responsibility. She has tried to do this and has contacted Discover trying to workout payment plans. How can Discover refuse to clear my name if my ex-spouse admitted to falsifying the application and wants to take responsibility? If she is willing to accept full responsibility and arrange for payment how can Discover make any demands on me or refuse to remove my name?

 

[calalily]

Did you send them a copy of the divorce decree stating what you said? She should consider getting a small personal loan or transfer the balance to another credit card in her name only, so the account can be closed totally. She admitted to wrong doing and Discover has the right to pursue it despite the divorce decree but maybe they will work with you if they see it in writing.

 

[beullar]

Did you send them a copy of the divorce decree stating what you said? She should consider getting a small personal loan or transfer the balance to another credit card in her name only, so the account can be closed totally. She admitted to wrong doing and Discover has the right to pursue it despite the divorce decree but maybe they will work with you if they see it in writing.

No, I did not send them a copy of the decree. I faxed them, on two occasions, a complete sworn statement denying responsibility and provided them with 3 copies of my signature and a copy of my Drivers License as they requested. I have worked with them and provided everything they have asked of me. Last week I contacted them and was told they would send me a "Statement of Responsibility" for her to sign and notarize. My ex-wife agreed to sign this but Discover has never sent it.

I have made every attempt to resolve this and provide them with anything they have asked but they never responded to any of my enquiries and have sat on this for 2 months.

My ex-wife discussed payment options with them. Discover called me yesterday and told me that she admitted to them her role in this and that she wants to assume full responsibility. They then said I was obviously not responsible but want me to file a police report. I explained I could not press charges since we agreed to that in the divorce. The account is in default at this time and shows on my credit report that way. My ex wants to resolve this and is willing to work with them, but they seem to be holding me hostage wanting me to pay it and trying to prove I somehow benefited from this. I have provided them everything they have requested. They further stated that third party agreements are of no concern to them. (ie the divorce agreement). All I want is my name removed from the account so that it goes into her name. If I file the police report now, after her admittance, her willingness to resolve this and our agreement in court, does that constitute pressing charges?

 

[calalily]

Yes, that constitutes pressing chrages. What about my suggestions that she get a personal loan or transfer balance to another card?

 

[beullar]

Yes, that constitutes pressing chrages. What about my suggestions that she get a personal loan or transfer balance to another card?

Thanks calalily for your help....

Unfortunately she does not have the credit to get another card or even a loan. I am confused on how Discover can hold me accountable when my identity was falsely used and the person who falsely used this has offered to provide restitution. I have requested that Discover provide ANY evidence of my signature or use of this card and they have never responded. Discover had originally told me that all she had to do was sign the statement of responsibility. That rule seems to have changed. I am now concerned that unless I file a police report they will refuse to remove my name. How the heck can this happen when the person responsible has admitted to all of this and offering restitution???

 

[calalily]

Because she commited a crime and you won't file charges. I understand she wants to make restitution but they don't trust her to follow through and they want their money. The problem is any one could say anything to get their name removed from a credit card account. That's why they want the charges filed to more or less prove that it is real. How much money is it? Would it be worth it for you to just pay it off and she make payments to you? If you say no because you don't trust her to pay, then think of how the company feels.