Ok here is the gist of it, A, opened a big chain store credit card and used it for a couple of years, eventually added B as an authorized user and got a card in B's name. No information as far as dob and social were given to creditor. B paid the bills for all her purchases. Eventually A got in to trouble and claimed bankruptcy, and claimed this card, lawyer did not add the whole total of debt on this card. B called the creditor 2 months after the bankruptcy and asked if she could keep the card and continue to pay the monthly bills. Creditor told her no becuase it is not her card and it is to be closed. 3 months later a bill comes and it has B's name (all past bills came in A's name and B's under it) and is now being called for payment. B asks why are they calling her and they said that the application was signed by B but they dont keep the proof for longer than 2 years. B asks what social they have on the application, they ask her to confirm it and she tells them her social and they say none is on it, dob dosent match either. Creditor is constantly calling and now they have "sold" this debt to another company. They want to settle this debt but in all actuality the debt accrued is A's since B always paid for her stuff. What legal standing does she have. FYI B was never a joint account holder

Fr_Chuck

Lots of issues and problems, 1. they did not talk to the attorney on the debt. When during bankrutpcy the creditor is notified of the bankrutpcy and given an opportunity to dispute the bankrutpcy and/or the facts.
So if they listed an incorrect amount on the bankruptcy, the creditor should have notified the court of the correct amount, in either case, that entire account was discharged during bankruptcy.

B should have never ever contacted the creditor. Next B should not have used the card after bankruptcy date ( if they did ??) If they did use the card during after the bankruptcy, they will owe that amount.

And NO NO, don't tell me she told them he social security number and date of birth, guess whose name, with all that info will now show up as the actual debtor. You never, ever give them that info, if they tell you the one on file, you merely tell them no that is not yours.

B may have talked theirself into actually owing these by calling and asking about paying and using the card and then to keep talking with these people. But B needs to stop talking to them completely, write them and tell them not to contract them any longer on this debt. Tell them this debt was discharged in bankrutpcy of A and that they may not collect it, and can not contact them any longer.

Have the attorneny of A write them and tell them to stop collecting on a discharged debt.

taxrus5857

Thanks for that fast answer, I know I know B(my mom) was a total idiot for telling them her social, but did not tell them her dob. She did not make purchases after the bankruptcy, A(my sister) is pushing her to settle the debt that she owed. Mom is older and seems to be pushed easy. A's attorney said that they "may" come after my mom for the debt but told A that B was responsible even though she was an Authorized user. I told A she was wrong.

Fr_Chuck

well to be honest if I know her social and her address and name I can get her birth date pretty easy, esp if you have an estimated date of bith
The laws on the other user changed alot over the last couple years ( at federal level) they can still list it on the credit report as a bad debt, but they can not longer collect from them. I was reading on this in Dec but vague on the exact details except to know they cant collect any longre ( unless you say enough to them to make yourself liable for the debt.

Scary as it is, try this web site for finding someones birth date
Free Birthday Database