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happity · Jan 31, 2009, 09:51 AM

My daugther opened a credit card for her business in Maryland and fraudulently listed me as the primary card holder with my SS number and then didn't pay off the debt.
A lawyer contacted me about it and said I was responsible. When he sent me verifying papers and I saw that my daughter had forged my signature, I confronted her and she promised to handle it.
My daughter got in contact with the lawyer and they agreed in writing that she would pay off the debt in increments for $2000. Obviously, my daughter did not do this and I received a summons at my home.
I do not want my daughter to go to jail, but I do not want to be responsible for this. What can I do to protect myself?

I NEED YOUR HELP!!

JudyKayTee · Jan 31, 2009, 10:01 AM

Originally Posted by happity

My daugther opened a credit card for her business in Maryland and fraudulently listed me as the primary card holder with my SS number and then didn't pay off the debt.
A lawyer contacted me about it and said I was responsible. When he sent me verifying papers and I saw that my daughter had forged my signature, I confronted her and she promised to handle it.
My daughter got in contact with the lawyer and they agreed in writing that she would pay off the debt in increments for $2000. Obviously, my daughter did not do this and I received a summons at my home.
I do not want my daughter to go to jail, but I do not want to be responsible for this. What can I do to protect myself?

I NEED YOUR HELP!!!

I would not attempt this without an Attorney. You would have to respond to the Summons with your defense (that this was fraud/forgery). The question will be why criminal charges weren't filed when this was first realized, daughter or no daughter. Sounds like it's a sizable amount, too.

I don't see you ultimately being responsible for this debt (and they will argue that you ratified the debt when your daughter made the agreement but I think they will lose) but it could be a complicated and rocky road to get from here to there. You will need PROOF that that is not your signature. I don't think the Court will take your word for it and you may very well need a handwriting expert.

The creditor may refuse to accept that this is not your signature UNLESS you file criminal charges against your daughter.

I'd retain an Attorney.

Fr_Chuck · Jan 31, 2009, 10:38 AM

You can not have it both ways,
1. you found out she forged but did not call the police and report it, so you may be held responsibe by your inaction, after you found out, you basicy accepted responiblity by not reporting it as fraud.

2. at this point you have to report it as fraud ( if they will accept it as such now) or you will have to pay.
There is not second ground.

If it goes to court, your only defense will be fraud or they will hold you liable, and in court you will have to explain to the judge why it was not reported to the police, and my not reporting it, the judge may and to be honest will most likely hold you liable for this.