Physiques asked:


I’ve acquired a sizable amount of debt (30 to 100K) without my husband’s knowledge. I didn’t do it maliciously. I had (and probably still have) cancer, but I thought I would die. Now I’m still alive and I’ve made sure all the debt was mine, and none of it is anything he signed for. Can I plead guilty to credit fraud and have him file for divorce, and will that make him not liable for any of the debt? If I do that, how much prison time am I likely to serve?

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Comments

3 Responses to “Can I plead to fraud and get a divorce to save my husband from my credit card debt?”

  1. Kat on April 25th, 2010 7:33 pm

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    Your husband is there to support you through the good times and bad times.You guys can work through this and find a manageable solution. Your situation just shows how out of control our institutes of credit and medical care is. Don’t plead to fraud and serve time for this injustice. You’re a survivor, don’t give up! Try seeking help:

    Another excellent source of advice and assistance is Myvesta, formerly Debt Counselors of America, a nonprofit financial crisis center. Myvesta offers individualized counseling, a debt management service, advice on avoiding bankruptcy and foreclosure, and even counseling for families buried in debt. -MSN.com

    I hope this helps

  2. Nickname on April 27th, 2010 5:46 am

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    You can plead to fraud in Criminal Court BUT still that wont save your husband from a lawsuit in Civil Court since your husband is still 50% responsible for any debt obtained during the marriage (in marriage income and debts belongs to the marriage, not to each individual alone).

    As for jail time, that will depends if your offence is a real crime. If the courts decide your case is mostly a civil matter (for a lawsuit) then you wont do any jail time; if the courts decide it’s a criminal matter then sentence could go from jail to parole as part of the guilty plea (if that’s the case then let your lawyer work on the details to get you a no-jail sentence).

    edit

    BY the way: normally credit card debts are not fraud, unless you use someone else name.

    Credit card debts are mostly a civil matter (you can get sued but there is no jail).

    Don’t believe everything a collection agency tells you, they are not lawyers, they are just hired to scare and harass you.

    As for your health: I hope you get well.

  3. wizjp on April 27th, 2010 11:22 pm

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    If it’s in your name, it’s not his debt anyway. What is fraud?

    YOu are a credit deadbeat. They can pursue you, can’t jail you….