My mom has an outstanding debt on a credit card.?

Question

My mom has a credit card in her name and she gave me a card just as a secondary. She has been placed in a nursing facility and cannot pay the debt to the credit card. The credit card company and their collection agency has harrassed me for the last year. I have tried to explain the situation to no avail. Now they have attached her debt to my credit report. I have asked to see the original copy of the application to see if my info was on that app at all. My question is do I have a leg to stand on to not be held financially responsible for this debt?

Answer 1

It depends.  Define secondary.  If you are joint on this account, you would be liable.   If you are only an authorized user, you are not liable.

As an authorized user, the account will show on your credit file but the credit bureaus are phasing out authorized user accounts in your score calculation.  So, this may or may not hurt your score.

Don't talk to the collection agency on the phone.  Send them a certified, return receipt letter requesting validation of this debt to include copies of contracts or other documentation proving this is your debt.  Give them 30 days.

If they fail to respond, dispute the acount with the credit bureaus.  Attach a copy of your validation request and indicate that they failed to validate.  That will get it removed from your credit.

Answer 2

If it is not a joint acct you should beable to remove your name from the acct. Even though it is in collections. I work for a credit card company and as long as it is not a joint acct the secondary user can remove themselves.

Answer 3

If your name is on the account then you are equally responsible for the debt.

Answer 4

It depends if "power of attorney" in your state dictates that you are also responsible for your mother's debt. Check w/your locals laws

Answer 5

As long as your name isn't on the card, you don't have any responsibility for the card.

Answer 6

Is the card you mother gave you have  your name on it or hers?  Sounds like you are liable for the debt.  Had you called immediately when you couldn't pay, and worked out a payment plan with what you could afford.  Ignoring CC or any other bills only cause huge problems and you end up getting sue, credit ruined etc.

If they won't provide you with the application then they shouldn't be able to expect you to pay on a debt that is not yours(not unless the charges are yours and the signature on the charges  is yours.)

Sorry to hear your mother is in a nursing facility, hope you visit her often, b/c if a patient doesn't have visitor the facility seems to neglect them since no one will know.  I know b/c when my GM had to go to a facility we walked in one morning and they were shocked to see us and she was all wet and dirt and no one had ever been in her room all night.