QUESTION

Can I file police report against hubby for credit card fraud against me before the divorce proceedings?

Asked on May 21st, 2013 on Criminal Law - Georgia
More details to this question:
I have started credit card / identity theft procedures with credit card companies. The culprit is my husband. Police say I can't file report because culprit is my husband. Divorce proceedings will start June 3rd. Must I wait till divorce proceedings to file police report?
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2 ANSWERS

Domestic Violence Attorney serving Denver, CO
Partner at 5280 Law Group
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It doesn't sound like the issues is if the divorce is final or not. The core issue is if your husband was an authorized signer at the time the charges were made. If he was an authorized signer at the time the charges were made, then it does not sound like there is any criminal culpability. As for the divorce proceedings, you can ask the judge to assign the portion of the credit card debt that you claim is your husbands to him. If he does not pay, you ma have to take collection actions.
Answered on May 21st, 2013 at 12:43 PM

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James Edward Smith
That is usually handled in the divorce as community waste. Police just don't have time for this.
Answered on May 21st, 2013 at 12:42 PM

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