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stewbaby · Oct 21, 2007, 03:45 PM

Please help! My sister has a Discover credit card that is 11,500 in debt because another family member had fixed their home with the money and did not help her pay the bill. She is severely disabled and on SSDI and Medicaid in the state of Nevada, and not able to attend any court hearing.:( Has no asset other than a bank account with direct deposit (no mixing of funds) and car that is blue book value of $5,000.

My biggest concern is that my mother co-signed this card in the 1990s and pasted away in 2002, and my sister never notified Discover about this, nor notified them that she stopped working and is now on SSDI (She is mentally challenged.). Discover in their every other year renewal, states in the literature to notify them of any changes of employment and other related changes.

On the billing, it states sister’s (First) name as well as my mother’s (Second) name. They also send my mother a card every year (same number different security code) which has never been used since her death, but activated until last year.

Can she get in trouble for this? Is this situation fraud? What is the repercussion of this, and not being able to attend the court hear. Can they go after my bother and get the money back? (I somewhat hope so. Take the air conditioning unit off the roof or the oven.). Should I help her by removing the car from her name, and keep her bank account at a minimum level?

I understand that if I send them a letter by certified mail stating that she is disabled and her bank account is secured direct deposit and her car not worth anything, that this will protect her if she does not show up in court. I can not stand seeing this happen to her as she is very sick and a sweet heart. I can not afford to help without it hurting me greatly.

ScottGem · Oct 21, 2007, 03:54 PM

There is no criminal fraud here, so don't worry about that.

Can you prove the account was used by this family member? Did they know she was disabled when they used it?

Your sister is basically judgement proof. But id it can be proven that the family member used the card, Discover might have a case of fraud against them. So you can write to Discover and explain the circumstances. They might go after the family member.