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About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

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Collections Law - credit

Expert: Regan Shinski - 11/10/2009

Question
I discovered my ex husband took out several credit cards in my name solely without my knowledge (while we were married) and charged thousands of dollars of debt without my knowledge. I lived in Indiana at the time of my marriage. I have been told that he did not break any laws. Is that correct?
According to the divorce decree he is responsible for particular debts that are in my name only. He has not been making the payments. They are turning the debts over to an attorney because they state they will not honor the divorce decree. How can they refuse to honor a legal document from a superior court? This is also adversely affecting my credit history. I have provided the creditors with my ex husbands home address, cell phone #, employer name and address. They tell me I am solely responsible and cannot contact him. What are my legal rights?
Also my ex husband forged my name on a tax return for back taxes that I was not aware of until I found the tax documents after he left the marriage. How can forgery be legal within marriage?
I would appreciate any guidance you could provide me.
Thank you.

Answer
Hi Karen:

I don't live in Indiana but I am not aware of any law in the country where fraud and forgery are legal. The only POSSIBLE exception is with a legally signed power of attorney but even then you don't sign the name, you only have power to exercise certain legal functions. If the cards were taken out without your knowledge, you need to go to the police. File a police report, press charges. At the very least, they can inform you if there is some obscure state law in Indiana I am not aware of. You should then contact the credit card companies/collection agencies and inform them of the fraud. You need to be able to show them a police report, affidavit of forgery, criminal charges or other documents of substance instead of just giving them his name and contact information and saying he did this.

Until they remove your liability from the charges through some type of fraud, you are the account holder. They have no legal obligation to honor divorce decree documents. They did not extend credit to him, they extended it to you and their contract is with you. Sadly, on this issue it sounds like they are handling it properly and legally.

Your options are then to sue your husband and collect from him. This is where your divorce decree comes into play. You show the court the decree, proof that he has not made the required payments, and show how you were damaged and you should win the case. Damages can include the hard costs of payments you made that he was supposed to make, court and attorney costs, damaged credit, and the ramifications of having the damaged credit. You need proof through your credit reports and credit score to win monetary damages on that issue. You would get a judgement against him and have to collect it. Unless the fraud issue takes hold as described above, you would still be legally liable for the cards in your name even if you win the judgement against your ex.

On the issue of tax documents, you have to decide two things: Are the taxes filed correctly and do you want to pursue. If they are not filed correctly, I would contact the IRS and advise them of the situation in its entirety. If you want to pursue against your husband, you contact law enforcement and the IRS and press criminal charges.

I'm sorry you are in this awful situation. Good luck going forward, you do have some options.

Regan
mbscompany@aim.com

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