Letter of Assumption???

[magareb]

My cousin was told by one of the credit card companies that a letter of assumption was sent by her releasing her husband of any responsibility to the account. It was not approved by the company, but she never wrote it or signed it. The credit card company is sending a copy of the letter. What are her rights legally? Is this fraud? Forgery (if it was signed)? Any and all help is needed as she will pursue this to the fullest...

 

[seniorjudge]

What does the letter say?

 

[calalily]

She needs to notify the company in writing that she did not sign the letter of assumption and to please investigate. Is she getting divorced? She should let her lawyer know what has happened and once she gets the letter have a comparison done on her signature. If she can prove via the signature that she did not sign, then she may want to contact the police and see if she can bring charges against her husband. If she's not getting divorced she needs to ask her husband about the letter and ask what is going on?

 

[magareb]

it states that SHE absolves him of any resaponsibility to the outstanding debt and/or subsequent balance. A statement she never wrote or signed. The company is sending her a copy of it. It has her as the person requesting it.

 

[seniorjudge]

it states that SHE absolves him of any resaponsibility to the outstanding debt and/or subsequent balance. A statement she never wrote or signed. The company is sending her a copy of it. It has her as the person requesting it.

So you don't know what the letter says?

This is just your guess?

Okay...keep us updated.

 

[magareb]

I'm sorry for the misunderstanding...the custumer service rep told her that it basically stated that SHE was absolving him of any present and future responsibility to the accountand that she authorizes his name being removed from the account. They didn't approve it so a letter was sent to her (she is the primary account holder so that is how she found out). Yes They are getting a divorce. I don't know if you can see earlier threads from me(i've asked alot of questions), but the ones pertaining to divorce are for her. She does have a lawyer, but i'm not sure he is in it for her BEST interest as this has been taking so long and certain things she has brought to his attention he is simply not acting on. She has kept a journal for at least the last 4 years with some of his stunts concerning adultery, mental cruelty. We even have him on digital recorderverbally assaulting her then saying ,"what are you going to do? I have andorder of protection against you? He only recently stopped saying bad things to kids about her because they are seeing a court ordered counselor. I have even thought that some how we get some kind of spy camera or something because he lies so much, unfortunately i don't know the first place to go. How much is a person suppose to take? He doesn't want to pay CS so now he is fighting for custody. So many other things, but if i list it and somehow he knows of this site he will know. any and all help to expose him is appreciated

 

[seniorjudge]

...I don't know if you can see earlier threads from me(i've asked alot of questions), but the ones pertaining to divorce are for her....

Helping double posters is hard, if not impossible.

 

[calalily]

If they didn't approve the assumption then what is the problem? The lawyer may not be acting on certain things because it is not relevent. Many states have a no fault divorce where as it doesn't matter what is causing the couple to divorce. Property settlement and and the child custody is probably is why it taking so long to resolve and it would be in her best interest to just get the divorce over with. The judge probably won't listen to all her claims of mental cruelity and the more she tries to add the less credible she'll sound. She needs to concentrate on the positive things about her that will be in the best interest of the children being in her care and drop all the other stuff in court. Let the husband rant and rave and look bad, whilst she takes the high road and only speaks about her own positive attributes.

 

[magareb]

but isn't that illegal? Isn't it forgery or fraud? The point I am making is he has been attempting to make her look bad in the court as well as with the family as he has denied ever having ANY affairs yet there is proof (photos) and maybe not in bed, but why are you coming out of a hotel room??? things he has surely denied EVER being with anyone (but he hasn't yet been faced with the pics as there isn't a trial (yet). He believes the cheaper to keep her route and if not destroy her as much as he can. You sound as if SHE is the one trying to drag this on when in actually he is putting up roadblocks which is giving time to damage her more mentally? I ask again the question on the assumption because if he is going to these lenghts now on yet another attempt to hurt her(now financially) what other recourse is there except to fight fire with fire except what she has is true???

 

[calalily]

I am so sorry about all your troubles but it will do her no good to continue fighting dirt with dirt. She needs to try and move on and to do that she has to take the high road and deal with finalizing the divorce as soon as possible. If she takes the high road and he the low road she'll look great in court and custody should be easier. If you feel you must continue with the assumption issue contact the police when you get the letter, but no damage was done financially as the company didn't approve it so I doubt anyone will take it seriously. If they do make a police report get a copy and give it to the lawyer to add to the file. If you're unhappy with the lawyer get a new one.