Bank Of America ripoff told me that they didn't have to honor a Judge's Ruling!! Phoenix Arizona

The moment you file for a divorce and the other is served ANY debt after that moment is the sole responsibility of the person incurring that debt.

Most major banks do not recognize divorce decrees. If it's on your credit report and you took it out as a debt while married it's still yours, no matter who the divorce decree says is responsible for it.

If you are going to puruse it as fraud then the bank probably will ask you to help them pursuit this as a criminal matter. If you do not want to take that step you are going to be responsible for the payments.

Thanks for all of the comments and information. I would like to thank Aafes for the name and address that I needed to send my letter. I have sent a letter (certified - return receipt requested) explaining ALL and included the original letter from my attorney (from last July) where he requested BOA to send a copy of the original application with signature.

That letter resulted in a phone call to me, basically saying that Mrs. XXX was handling the matter. Then two weeks later, I got a phone call from my attorney's assistant saying that BOA had faxed information to them and ask that they get my signature on the paperwork that they were faxing and return the papers to them. The assistant said that the paperwork faxed did NOT have MY name on it anywhere, but had the names of two other individuals that are unknown to me on the papers. She (the assistant) then called to tell them that they apparently had sent the wrong paperwork and to please refax the information that they were wanting signed. The BOA representative said ok, and nothing has been received by my attorney since. The assistant called twice after the original fax. I was then charged $45 by my attorney for writing a letter to BOA, stating what I just said above.

As far as the information left by the last two posters - I would love to sue my ex for what he has done to my credit, IF I KNEW WHERE HE WAS CURRENTLY RESIDING. My decree states that he is responsible for the debt that he FRAUDENTLY created in my name. The BOA account was opened in my maiden name, which I had not used since 2000, why didn't BOA question that on the application, as it did not match the name on my Social Security records. At this point hiring a lawyer to sue him would definately NOT get the bill he created paid. And I know that is all BOA is interested in - can't blame them - that's their business. I would love to criminally charge him with forgery, but BOA will not give me the application that supposedly has my signature on it.

If the laws in this country are written to say that if you are married to someone, you are responsible for their actions, even if you are unaware of them - then my question is - "When is big business responsible for their actions?" They approved credit on someone who was not applying, with no verification safeguards in place, they will not cooperate with me in order to prosecute this man and they have the right to print on a credit report that I created this debt with no proof or trial?

Also, I have been paying for credit monitoring since I discovered this whole mess. And each month I get a notice that BOA has raised the total by $200 in interest, even though they have written it off as bad debt???

I agree that you should follow the guidance of the Bank of America Official as it was fraud if your signature was forged.

I just want to make everyone aware of the fact that businesses do not have to honor divorce decrees. They were not privy to the divorce. If the other party does not pay then you have to take them back to court.

In some states - Community Property States - Individual debts incurred during a marriage can show up on both parties credit reports.

Look at this brochure on divorce and credit from the Federal Trade Commission

www.ftc.gov/bcp/conline/pubs/credit/divorce.htm

I agree that you should follow the guidance of the Bank of America Official as it was fraud if your signature was forged.

I just want to make everyone aware of the fact that businesses do not have to honor divorce decrees. They were not privy to the divorce. If the other party does not pay then you have to take them back to court.

In some states - Community Property States - Individual debts incurred during a marriage can show up on both parties credit reports.

Look at this brochure on divorce and credit from the Federal Trade Commission

www.ftc.gov/bcp/conline/pubs/credit/divorce.htm

I agree that you should follow the guidance of the Bank of America Official as it was fraud if your signature was forged.

I just want to make everyone aware of the fact that businesses do not have to honor divorce decrees. They were not privy to the divorce. If the other party does not pay then you have to take them back to court.

In some states - Community Property States - Individual debts incurred during a marriage can show up on both parties credit reports.

Look at this brochure on divorce and credit from the Federal Trade Commission

www.ftc.gov/bcp/conline/pubs/credit/divorce.htm

I agree that you should follow the guidance of the Bank of America Official as it was fraud if your signature was forged.

I just want to make everyone aware of the fact that businesses do not have to honor divorce decrees. They were not privy to the divorce. If the other party does not pay then you have to take them back to court.

In some states - Community Property States - Individual debts incurred during a marriage can show up on both parties credit reports.

Look at this brochure on divorce and credit from the Federal Trade Commission

www.ftc.gov/bcp/conline/pubs/credit/divorce.htm

According to your statement you stated that at the time your ex opened the account you were going through a divorce. You were still legally married when he opened the account this is a domestic situation because during marriage couples share finanacial accounts together. If he opened the account after divorce was final then it could be filed as fraud. Since he did open this account while you were still married the divorce decree allows you to take him to court and sue him for the debt and ask judge to include that this be taken off credit reports and send copy of that to credit bureaus and dispute with them to remove.


They asked for the copy of the divorce decree to see when the divorce was final if opened before final you were still legally married and only recourse is to take him to court using divorce decree. for those that are going through divorce or separation best thing to do is sign up for the identity theft montoring through the credit bureaus that way if spouse trys to open credit or loan you will receive a phone call about it and have to use password. I saw this happen many times working for a credit card company if person that did it was stupid enough to put themselves down as a co-applicant then you can get atty to have them sign a transfer of ownership to remove ur name.

To Brea

First, let me give you the corporate address for Bank of America:

Kenneth D. Lewis
Chairman, President and
Chief Executive Officer
Bank of America Corporate Center
100 North Tryon Street
Charlotte, North Carolina 28255

Address all your correspondence, best done from your Attorney to the president and CEO at this address. Your correspondence will be passed to the General Counsel (their legal department). The Branch managers are basically of no use to you for situations such as yours. Send copies of everything to:

Comptroller of the Currency
250 E Street, SW
Washington, DC 20219-0001

Credit card operations for Bank of America are handled in Arizona. The registered agent for Bank of America in Arizona is:

C T CORPORATION SYSTEM
3225 N CENTRAL AVE
PHOENIX, AZ 85012

You are receiving different stories from Bank of America as they are not listening to you. In a normal situation, in which married parties are joint account holders or one is an account holder and one an "authorized user" of a credit card account, the divorce decree can state one party is responsible for the debt. However, if the responsible party does not pay, the other party can be held liable.

This is NOT your situation. Fraud was committed, without your knowledge and it seems apparent you should not be held responsbile. Your ex-husband could have easily applied for this card "online" trying to prevent a paper trail.

Unfortunately, I am afraid you will find the burden of proof will be on you. Work only through your attorney, don't try to deal with them directly. You are much more likely to get a resolution through him/her.

Monitor your credit reports REGULARLY. This will very likely follow you for a very long time on your credit profile, even if you have it resolved with Bank of America.