What was she arrested for?
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Posted by Prune Man
(65.161.188.11) on January 19, 2004 at 11:02:37:
In Reply to: Re: Off credit report - do I still owe ? posted by SunkissedBeach on January 19, 2004 at 09:43:47:
You state your wife was arrested but never mention why. I assume it was for fraud but let's be more clear so people here can give you useful advice. What were the charges against your wife when she was arrested? Also, being arrested is not enough to support you legally. Being arrested doesn't really mean much if she wasn't found guilty - has she gone to court and been found guilty of anything? Even though your credit report is clean, you still have a serious issue with the debt. The lenders can sue you if the debt remains unpaid, and a court may find a judgement against you if you cannot prove your wife did this fraudulently and without your permission. A judgement will go on your Credit Report, ruin your credit score, and stay there indefinitely. Also, be warned. Fraud is one of the hardest crimes to prove in a court of law. Since it is a criminal offense, her guilt must be established "beyond a reasonable doubt". Also, you will have to prove intent. Since you were married to her there could be a lot of mitigating circumstances that she could use to win the court's favor. Think very carefully about what claims she can make. A lot of people here are going to tell you that the debt is not yours and that you can't get sued and lose without your signature being on the contract. They may be correct to the letter of the law, but very wrong in reality, and could cause you to make a very big mistake if you are thinking this is a simple black&white issue. If we are talking about a lot of money my advice to you is to be prepared. Make a list of questions and go pay for an hour of consultation from a good attorney. Good Luck!
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