Ok, weird situation. I am in the process of filing Chapter 7 BK. Today my ex girlfriend got a phone call from a credit card company of mine. I had a card for her under my account a few years ago. She never signed anything, in fact she never even used the card. They told her that although she is not liable for the debt, her credit will be harmed. This card isn't even on her credit report, can this actually hurt her credit. They are sending her a form that I have to fill out to take her off of the account. They told her that I haven't paid in five months and the amount I owed also. Does that go against some privacy policy? Thanks for the help
top Ad Widget
Collapse
Announcement
Collapse
No announcement yet.
Ex-Girlfriend getting calls about my debt
Collapse
X
-
If your girlfriend truly is just an authorized user on your cc card, then she is NOT responsible for the amount you owe on that card and her credit CANNOT legally be harmed by the cc company.
If you are getting ready to file Ch 7, run taking your girlfriend off the credit card now past your bk lawyer (or if you are filing pro se without a lawyer, then ask several bankruptcy lawyers during a free initial consult). You don't want to give the credit card any room whatsoever to say you are trying to commit fraud or filing in bad faith by taking your girlfriend off your card right before you file. It shouldn't matter at all because she's just an authorized user, but where creditors are concerned, I've learned to be suspicious of any of their "here, we're being helpful...let us send you the form" promises. I have no faith whatsoever in creditors' integrity or willingness to play fair where bankruptcy is concerned.
If I'm over-reacting here (and I hope I am), one of other mods or a member with a similar experience will chime in.
We had both of our adult children listed as authorized users on several of our credit cards - our Ch 13 lawyer said that sometimes cc companies make "mistakes" (cough,cough) and an authorized user's credit report will show them as having filed bk when only the card owner did. No matter what you do, be sure your girlfriend checks her credit report after you file just in case.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
-
Just a suggestion here for GF,...........
Have her pull her Credit Reports. She can get them free at http://www.annualcreditreport.com.
If that card shows on her Credit, it should show as Authorized User. She can dispute it as "Not Mine" and most likely it will be removed.
As to the Right to Privacy,............. I'm thinking that Rep did violate your privacy by discussing your personal financial affairs with GF. BUT, I may be wrong.
Even if it was Legally OK, it certainly was not morally right.
Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
Comment
-
BK'd-Betty
They report authorized users the same way the report the card holder. But don't despair - AU's can be removed from credit reports easily - just dispute as "not mine".
I had all of our AU's removed from both our reports with only one dispute with the CRA directly.
Comment
bottom Ad Widget
Collapse
Comment