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 Dear Debt Adviser,
I had a credit card that was only in my name;
no additional cards for the wife were issued.
It had a zero balance when I left for Iraq, but
when I returned the balance was $23,000. Was she
allowed to make those charges? And am I responsible
for their repayment? I thought credit cards were
only valid for the person named on the card, regardless
of marriage.
-- John
 Dear John,
Under most circumstances you are the only person
who can charge on your account. However, because
the person doing the charging is your wife, you
will need to check the laws in your state regarding
use of your card without permission.
Unfortunately, many fraudulent charges
are made on credit card accounts daily. That is
one reason, of many, we in the personal finance
biz recommend that you check
your credit report at least once a year.
With identity theft, data breaches and uncommunicative
spouses, the possibility of your report containing
information of which you are not aware is great.
You are in a not-so-unique situation in that the issue concerns your spouse. Many people find themselves in similar situations with identity theft and other misuse of personal information for financial gain by family members.
Because we are talking about your wife and perhaps the mother of your children, I would recommend that you speak with her about the charges and see if you can determine why she did what she did and what her intentions are. The next step is to figure out where you want to go from here.
You can contact an attorney and find out what your legal options
are (for both the bills and the wife) in your
state of residency. If there is a counselor you
can speak to, I think that would be a good place
to start. Although you have a money problem to
deal with, the underlying issues are much more
complex and could cost you a lot more than dollars
if they are not approached with reason, understanding
and recognition of why you got married in the
first place. I would try to work things out without
calling in the legal beagles, but that is a choice
you will have to make.
You do not say whether you were
in Iraq for the U.S. military or for some other
reason, but for those readers who are in a military
family, some protections exist for military personnel
that do not for other consumers. Among them:
- The Fair and Accurate Credit
Transaction Act, or FACT ACT, provides for an
"active-duty alert" that can be placed
on your credit file at the three major credit
bureaus. The alert stays on your report for
at least one year and means that creditors cannot
issue new credit or cards without first contacting
you or a person you have appointed as your "personal
representative."
The Soldiers
and Sailors Civil Relief Act, or SSCRA,
provides several protections, described below.
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SSCRA protections: |
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You may request a stay of at least 90 days for any court hearings for which you must be present if your military service will keep you from attending to defend your interests. |
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Loans and other obligations
must reduce your interest rate to 6 percent.
The amount of interest on the account that
is more than 6 percent must be forgiven and
not deferred. You must ask for the rate from
your lender and provide copies of your military
orders. |
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You may not be evicted for nonpayment of rent (for monthly rent of $1,200 or less) without proper court action. |
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Any housing lease that was signed before you started active duty may be terminated if you are under orders for a permanent change of station or deployed for at least 90 days. |
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Automobile leases can be canceled
if you have deployment orders for 180
days or more if the vehicle is yours
or someone's in your family. |
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You may keep your state of residency for tax purposes if the military moves you to another state. |
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Good luck!
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