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I received a summons for a credit card debt owed by my father who is incarcerated. He opened the account and asked for an additional card for me when I was a minor. I never signed the contract he is the only one that did as far as I know and I never gave them my social security number. I used the card several times up to 2001 and then I paid what I owed and never used it again, in fact I cut up my card. My father continued to use it. At one point the people kept hounding me and I did not know what to do so I thought I should do the right thing and pay it for my dad. Unfortunately, it was a financial hardship for me and I had to quit. At one point because they continued to hound me I offered to pay 600.00 which was more than half of what was owed and the credit card company said no. I have since learned that it is showing up on my credit and it lists me as an joint user. Aren't they required to have my signature on a contract for that card to list me as a joint user? Now because I can not pay any longer as I am a single mother of 3 small children and only make enough money to keep a roof over my children's head, and get help with groceries from family. I can prove my expenses for just a house, utilities and the necessary needs are more than what I make with nothing extra. I was young at the time this all occurred and did not have anyone to help me so I did what I thought was right by trying to pay this, I was not paying it because it was my debt, I didn't know what to do now they are trying to hold me liable. How do I fight this and win since I have no money to pay this and it is not my debt.
Send them a certified letter. Tell them to send you a signed contract with your signature on it, and you'll pay the entire balance. If they CAN'T produce such a document (you're telling them this), then you demand they STOP all, and any, collection efforts. Instruct them to REMOVE the offending remarks from your credit reports. Tell them further, that if they continue to damage your credit rating you will sue them. Tell them additionally, that the fines for violating the Fair Debt Collection Practices Act, is up to $1,000 per day, and you will see to it that it gets assessed against them.
Send the letter return receipt requested. Send copies to ANY and ALL attorney's, banks, collector scumbags - ANYBODY who is involved.
The only option available to them at that point is to sue. That's GOOD for you, because they can't produce a signed contract. As long as they don't have one of those, it doesn't matter that you paid some, or used the card some. You are an authorized USER - NOT a principal.
You may have made a big mistake by making payments. By doing so you may have acknowledged responsibility for the debt.
What you now have to do is answer the summons with a letter stating your Intent to Defend against the suit and request a hearing. Send a copy of that letter to the plaintiff with a request for documentation and verification of your responsibility towards the debt and their right to collect it.
Hopefully, they will not be able to produce the documentation. At the hearing, they may produce proof that you made payments as proof that you acknowledged the debt as your own. The judge may or may not rule intheir favor is they do that.
Hmmmm, interesting question. First of all, I'm sorry you're dealing with this situation and a dad in jail.
I'd be hard pressed to think that making a payment on someone else's account would automatically make you liable for their debt. That seems like a stretch to me.
I'm with ex-con (who is the funniest person I've run across in a long time). If the card was taken out in his name and with his social security number, the debt should be his alone. Do everything ex-con says and see what the fallout is. Good luck and please post the outcome.
Hmmmm, interesting question. First of all, I'm sorry you're dealing with this situation and a dad in jail.
I'd be hard pressed to think that making a payment on someone else's account would automatically make you liable for their debt. That seems like a stretch to me.
I'm with ex-con (who is the funniest person I've run across in a long time). If the card was taken out in his name and with his social security number, the debt should be his alone. Do everything ex-con says and see what the fallout is. Good luck and please post the outcome.
I'm sorry but excon's advice comes up a little short in this instance. The problem here is that the OP received a summons. He HAS to answer that summons. Just sending a letter to the creditor does NOT answer the summons. If he does not answer the summons, the plaintiff will stall around until the deadline for answering the summons passes and they obtain a default judgement, then use that judgement.
So the first step is to answer the summons, THEN send a copy of that answer to the plaintiff requesting verification.
While you may think its "a stretch", I assure its a real possibility. The fact is that he was an authorized user on the card. Since the card owner is incarcerated, its unlikely he was using the card. So the plaintiff could argue that making payments acknowledges responsibility for the debt. I'm not saying they will win that argument, but it is possible.
As a side note, the mods and regulars on this site take pride in the quality of the advice given out here. We are careful in our answers. Unfortunately, we have not seen that same level of quality from you. Please exercise more care in answering questions here.
Hmmmm, interesting question. First of all, I'm sorry you're dealing with this situation and a dad in jail.
I'd be hard pressed to think that making a payment on someone else's account would automatically make you liable for their debt. That seems like a stretch to me.
I'm with ex-con (who is the funniest person I've run across in a long time). If the card was taken out in his name and with his social security number, the debt should be his alone. Do everything ex-con says and see what the fallout is. Good luck and please post the outcome.
It's not someone else's account - he said he's an authorized user; therefore, he's "authorized" to make payments. He has extended the Statute, no question.
UPDATE/EDIT TO POST: Sorry. I did read the copyright info on Bankrate and they said cannot be used for commercial purporses, which I don't think this is. In case I've done anything wrong, I'll paraphrase. As said above in my original post, you must address the issue of the summons. Some of what is said in the scenario very similar to yours would not be applicable as you have received a summons.
But the attorney consulted by the poster (who also was an "authorized user" and paid her mother's bill for six months) said that there might be a chance that as a joint user, you could be held responsible. But if you didn't sign the original loan or provide your social security number that would not make you a joint user. As someone above posted, the original signed agreement should clear up the issue in your favor. Don't want to do an extensive paraphrase so:
If you google variations of your posting header you will be able to find the bankrate information and several others.
You must address the issue of the summons.
Or
This scenario is applicable to your case and might be of help. Originally posted on Bankrate.
Justin Harelik is a practicing bankruptcy lawyer in the Los Angeles office of Price Law Group. To ask a question of the Bankruptcy Adviser go to the "Ask the Experts" page, and select "bankruptcy" as the topic.
The OP has been served with a summons - your advice (to fax, call) does not apply in this case. The OP MUST formally and legally answer the summons in a timely fashion or a Judgment will be taken against him. Bankruptcy expertise also is not valuable in this situation.
The question is whether he has legally taken responsibility for this debt AND whether he has possibly extended the Statute.
Bankrate at one time had a paragraph about not republishing their info without permission and the penalties for so doing - I don't know if you have permission ro republish.
UPDATE/EDIT TO POST: Sorry. I did read the copyright info on Bankrate and they said cannot be used for commercial purporses, which I don't think this is. In case I've done anything wrong, I'll paraphrase. As said above in my original post, you must address the issue of the summons. Some of what is said in the scenario very similar to yours would not be applicable as you have received a summons.
But the attorney consulted by the poster (who also was an "authorized user" and paid her mother's bill for some months) said that there might be a chance that as a joint user, you could be held responsible. But if you didn't sign the original loan or provide your credit card number that would not make you a joint user. As someone above posted, the original signed agreement should clear up the issue in your favor. Don't want to do an extensive paraphrase so:
If you google "authorized credit card user" + "liability" you will be able to find the bankrate information and several others.
But did payment by the authorized user who never signed for the card extend the Statute of limitation?
The original poster didn't ask that question and not sure it would matter to her. What she wants to know is if she is liable for the debt as an authorized user and if she would be considered a joint user if she didn't sign the original loan document.
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