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chico fantastico | My sister opened a credit card in her name and my mom's, ran up a lot of debt. Is my mom legally responsible? |
One of my sister's opened a credit card account in her name and my mom's and ran-up a lot of debt, all without telling my mom. The account is now delinquent and in collections and the collection agency has gotten a hold of my mom. What are my mom's options? She doesn't have a lot of money -- what are the best resources at her disposal? How painful or legally drawn-out would this be if my sister accepts full responsibility for the debt? This sister is estranged from the family -- needless to say things are messy. I appreciate any help or useful advice you can provide. Thanks in advance.
If you're curious for more details, check out this question:
http://answers.yahoo.com/question/index;_ylt=Ah40bGCMlZdriMWkizx84SHty6IX?qid=20070730085834AAbEO0o |
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SPIFIMAN1
|
If the account is a joint account or a co-signed account in both your Sisters and your Mom's name then your Mom is equally responsible for the debt.
If your Mom is a authorized user, then she is not responsible for the debt at all.
If your Sister forged your Mom's signature on the application, then she is guilty of identity theft. If this is the case, your Mom needs to file a police report and send a copy to the credit card company. My Wife went through this a couple of years ago with her Son and this was the only way it got cleared up. |
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MMXMichael
 |
Well, first off it depends if your mom signed the application, or if your sister forged her name/info to get the card. If that's the case then she can file a report with the police and fraud department w/the credit card company and deal with it that way.
Otherwise, if she signed then she is liable. The collector who offered the settlement probably has the option to cancel, withdraw or modify the settlement offer at any time. You can search "Fair Debt & Collection Practice Act" on google or yahoo to look at the code of conduct they must follow. The agency that is calling now may have purchased the debt, and that's why the can make a pennies on the dollar settlement offer, because they typically but it that way themselves.
Good luck! |
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shelcom
 |
She could be prosecuted for identity theft, which is good for a few (or more) years in prison.
Your mom has 2 choices: press charges or pay the account. |
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Joey Ray
 |
The best thing to do (if your mom wants to) would be to file for identity theft. This would involve filing a police report and calling the credit card company too. This may take some time, unfortunately, but it will also need to be reported to all three credit bureuas as well. Identity theft is a serious crime, so the sooner she takes action the better. |
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nini
 |
really your sister is responsible because its i her name but your mother is responble to because she was the one whol used it she should take responsibity for her actions if she knew she did not have money to pay it back she should have not used that card |
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EvelynR
 |
WOW... that does sound like a mess.... How did your sister put the credit card in your mom's name without her consent? Her sister sounds like she is very vindictive of your mother .. They need therapy...Your sister is responsible for this debt. If your mom wanted to she could take her to court...Good Luck |
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Adam L
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I had this happen in my family, twice. If your mom is willing to press charges, she should. This would give her the option of having help from your local prosecutors office. If not, she is going to have to challenge everything herself. Ether way, the process is lengthy. I do not think that your sister has the option to simply assume the debt. She has obviously committed a crime here. Now, I realize that it is unlikely that your mom will press charges, but I would recommend trying to find an affordable attorney, especially if we are talking about a large amount of money. |
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Burt C
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Ohh yes, If she maded charges...I am sure she had to sign her name...
Your sister must first report it to the C. C. company and they will file a Fraud suit against her mother...
Your sister can get away from those charges but she must provide all the data to her c.c. company.
Your mom is on a lot of trouble...these days..c.c.companies are prosecuiting to the full extend of the law. |
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Heather
 |
if your mother is a co-signer she has agreed to pay anything your sister doesn't. Your mother could take her to court but that might make family matters worse.. How rude of her to do that to her mother of all people!!! Hope you find some help for your poor mother. Good Luck and God Bless. |
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duhmanyo
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oh that sucks. identity theft maybe |
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veesmom
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If your mom didn't sign anything, I don't see how she could be liable legally. |
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Coral Rae
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If your mom knew about the card being opened and gave your sister her social, she is responsible. If your sister used your moms social and information without your moms knowledge then that is fraud and your mother has to prove that she did not know about the card and charges. |
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kells
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yeah if your mom allowed her to open a credit card in her name..then its your moms responsibility |
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wizjp
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Both signatures are liable; they will bang both credit's and collect from both. Probably needs to get the kid to take care of the debit or make a deal |
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