[MShaf23783]

I am reposting this question because I left out a few facts on the original post that I feel are important to an understanding of the situation.

I hope I can explain this situation clearly enough to be understood. Mrs A submitted a credit card application in 2001 for herself using her own Social Security Number with her daughter listed as an authorized user. Mrs A listed authorized daughter’s home address as the credit card billing address. Mrs A’s husband died in 1999. However, credit card was issued in the name of Mrs A's deceased husband with daughter listed as an authorized user. Only authorized daughter used credit card and made credit card payments. All credit card statements were addressed and mailed to Mrs A’s deceased husband and authorized daughter at authorized daughter’s home address.

Subsequently, authorized daughter received large amounts of cash through credit card courtesy checks. Mrs A died in 2005. Authorized daughter now denies any knowledge whatsoever of credit card or responsibility for any incurred credit card debt. The question is: Is the authorized daughter legally responsible for the outstanding credit card debt? Are there any legal ramifications to the authorized daughter's use of the credit card? Does this situation constitute identity theft and/or credit card fraud?

[RubyPitbull]

I am not a legal expert but I noticed no one answered your question and did not want you to feel neglected.

From an ethical standpoint, the daughter is definitely responsible for the credit card debt. She used it, she is responsible to make payments.

From a legal standpoint, it all really depends upon when the credit card company decides to come after her. If they haven't already, when they find out that both parents are deceased, they will be looking at her, since she is an authorized user, to settle the debt. They will use whatever legal tactics their attorneys can think up. If they choose to file a complaint and have her arrested for credit card fraud, they can. It will be up to the courts to uphold it and continue prosecution, or to throw the case out. Or, the credit card company could simply tie her up in a legal dispute for years and possibly ruin her credit rating if they so choose. It has been 2 years since the mother has died. If the credit card company has not contacted the daughter, she can either go through life the way she has and pray they never catch up with her if she is that irresponsible about her debts and just take her chances. But, if they do catch up with her soon, she will be hard pressed to defend her actions. If the credit card company has tried contacting her, this problem will not go away. An attorney who practices in the area the daughter lives, who is knowledgeable about this type of problem, should be contacted and will advise her as to what her rights are and what the legal options and ramifications will be.

I know this doesn't quite answer your questions. In a nutshell, the short answer to all your questions is yes. I have outlined the scenarios above to give you an idea as to what could happen.

By my answering this, it should bring your posting back up to the front of the questions on this site. Hopefully, a legal advisor will see it and possibly give more insight or information on this.

I hope this helped at bit.

[Fr_Chuck]

Since she signed on the line for the debt, she is held responsible by there terms of signing it.

[RubyPitbull]

Fr Chuck, I am a bit confused so please clarify this for me. From what I am gathering from the poster, the daughter was only listed as an authorized user. Unless I am mistaken, she didn't fill out the application or sign as responsible party, the mother did. We both know that ethically, if she was making charges on the card, she should pay for the charges. But, if she never signed the application herself, by law, is she actually responsible? Or is the mother's estate responsible?