Wife used my CREDIT card to the max and did not PAY.

Good day everyone.

Gusto ko lng humingi ng tulong at opinion ng lahat ng may similar experience regarding the scenario na kinalalagyan ko ngayon. Meron akong credit card noon na ginagamit namin ng asawa ko. Nung magkasama pa kami, ginagamit namin yun ng normal at regular kaming nagbabayad. Hindi ako delinquent. Lagi ko syang pinadadalhan ng pera para bayaran ang balance (She was in Manila, i was in the province working). However, sometime in 2001, naghiwalay kami. i will not go into the details anymore, pero naghiwalay kami ng hindi maganda at hindi ko na na-follow-up yung CCard account ko n nasa kanya. Nagulat na lng ako last year nung bisitahin ko yung lugar na dati naming tinitirahan at ibigay sakin ng dating may-ari ang mga demand letters from the CCard company. The amount to be paid is already hundreds of thousand na! Hindi ko pa kino-contact ang CCard company dahil gusto ko munang i-settle ang issue with my ex-wife.

What can you say about my problem and what do you suggest i do?

Thanks in advance guys...

by law you are still married, and your debts are considered conjugal.

since you are the cardholder, it is your lookout to pay your bills, even if you separated with your wife.

you can only try to settle with your wife and the credit company, if they are willing to settle at your terms.

otherwise, you may have to face litigation, but you can try to lessen the amount of interest by arguing that the credit card rate of 3% per month is unconscionable.

attyLLL wrote:otherwise, you may have to face litigation, but you can try to lessen the amount of interest by arguing that the credit card rate of 3% per month is unconscionable.

Sir by the statement above, posibleng makulong ako kung hindi ko mabayaran ang utang na yon agad? the demand letter from the CCard company was dated 2004. Also, can you explain further yung statement na "lessen the amount of interest by arguing that the credit card rate of 3% per month is unconscionable".

Thanks in advance.

failure to pay a debt is not a crime. however, with credit cards, under ra 8484, a debt of 10,000 plus moving out of your residence or workplace without informing the issuer raises a presumption that you had the intent to defraud.

here's the case where the credit card interest was reduced: http://sc.judiciary.gov.ph/jurisprudence/2009/september2009/175490.htm