Help advise me please!

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Chrisot3

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Long story. I was married to someone and they opened a credit card account. Apparently he listed my name on the account. The account was opened in 1998 in California. We were legally seperated 6-20-2000. Divorce final 5-5-2003. The marriage settlement agreement assigned this debt to my ex and he was supposed to close the account and have my name removed. In 2003 creditors were given notice that I wanted the account closed. They would not close the account without payment in full but said no further charges could be made. In 2005 the credit card showed up on my credit report and further charges had been allowed against the account. I notified them again of the divorce (sending copies of the papers once again). Since then only interest and late fees have been applied when payments weren't made in a timely manner.
My ex died about a year and a half ago. I got his estate to make monthly payments (actually his brother was in charge of the estate). He refused to pay the amount in full.
Finally he had me send a letter offering to settle the debt for 50%, stating that if they cashed the check they would be accepting settlement in full for the account. This was also stated on the front of the check, and in the endorsement section of the check. The check has been deposited and now the credit card company is trying to collect the balance from me. I requested a copy of the original cardholders application/agreement and they said I would need a subpoena to get it. I did not use or have access to this card and do not recall ever signing a credit card application (we kept all finances seperate).
So the question is what do I do? How do I talk to someone that will just take a minute to listen and discuss this. All they say is "your name is on this account" and that I need to pay the bill. Do have any recourse? The only charges left would have been interest charges on top of interest charges over the course of time since 2005. Basically the estate has said "good luck" amd left this in my hands.

Any advice would be deeply appreciated.
 
The problem is that your name is on the account. It doesn't matter what your ex said about "getting your name off" since the only one who can do that is the creditor. Likely the creditor said "Mr. Ex, make sure that I'm getting my money because I don't feel like letting my other cash cow off the hook." They have a point. If there is an offer to settle you might not want to pass that by lightly.

Regarding your challenge to signing the application, if you've used the card and paid in the past, it's an excuse that simply will not fly now.
 
Actually I never had a credit card, and I never made any purchase using the card. It was opened while my ex was living hundreds of miles away and all charges were made in the area where he lived, and were signed for only by him. All statements went to him, not to me. The only reason they are coming after me is because he used my social security number and good credit standing to get the account. He filled out the application and used my information without my permission. I am in collections, and no one even cares that this is not my account and should not be my responsibility. My credit report states all of this from several years back.
As for a settlement, they are not interested.
 
did you state "paid in full"/"settled in full" followed by the account number when you presented the check? do you have a copy? as far as i know, a check is a legal instrument, and if they negotiated it with those terms on the check, they are subject to (bound by) those terms.

i could think of at least four theories under which you could bring an action against them in small claims/limited civil. Then subpoena what you what/need to dispute their claim (you should counter claimed if being sued), and possibly come out on top with a monetary judgment against them.

btw, i'm sure there's a law against demanding payment for an obligation due by descedent's estate once the descendent has been deceased greater than six months.
 
Yes, I have the signed check that and it says "settlement in full
for account #xxxxx on both the front and the back of the check, they deposited the check and funds were taken out of my account.
The estate has refused to pay the account. I don't know if there is a lack of funds, or the reason why. The person handeling the estate (his brother) is not responding to my letters. I paid half the balance as a "settlement" to keep from having my credit ruined....
 
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