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    #1

    Question about daughter on cc account

    While my daughter was in college, I gave her a cc in her name but on my account to use.
    She did use it now and then, but hasn't in 2 years.
    The cc calls and leaves a message for me or daughter.
    I certainly don't want to cause her any grief because of my actions. I haven't filed bk yet so is there any way to get her off of the account?
    Actually, I gave my son one too, for emergencies, but he never needed to use it.
    Any feedback on this is appreciated.

    Toomuch
    ~~~ Toomuch ~~~

    Filed Chapter 7 - 10/15/08
    341 Meeting - 11/13/08
    Tags: None
    #2
    Were your daughter and son "Authorized Users" or "Co-Signers" on this account?

    If they were only Authorized Users, then they do not owe this debt and they can not legally be sued for the debt, because they never signed any agreement with the credit card company. It will, however, appear on their credit report as "Authorized User" and might affect their credit rating in some instances. The reason the collection agents are asking to speak to either of you is to double their chances of getting paid by trying to scare both of you into paying. You might try sending the credit card company a letter revoking your son's and daughter's authorization to use the account, and take their cards and cut them up and send them back with the letter. Send it by certified mail, and the credit card company will have to respond to your request. It's worth a try.

    However, if they are co-signers on this account, then they can be sued for the debt just as if it was their credit card debt.
    The world's simplest C & D Letter:
    "I demand that you cease and desist from any communication with me."
    Notice that I never actually mention or acknowledge the debt in my letter.

    Comment

      #3
      Sounds like the children are just authorized users. They should be off the hook.

      Comment

        #4
        Originally posted by GoingDown View Post
        Were your daughter and son "Authorized Users" or "Co-Signers" on this account?

        If they were only Authorized Users, then they do not owe this debt and they can not legally be sued for the debt, because they never signed any agreement with the credit card company. It will, however, appear on their credit report as "Authorized User" and might affect their credit rating in some instances. The reason the collection agents are asking to speak to either of you is to double their chances of getting paid by trying to scare both of you into paying. You might try sending the credit card company a letter revoking your son's and daughter's authorization to use the account, and take their cards and cut them up and send them back with the letter. Send it by certified mail, and the credit card company will have to respond to your request. It's worth a try.

        However, if they are co-signers on this account, then they can be sued for the debt just as if it was their credit card debt.

        No, they never signed anything. They were authorized users, with their name on their card. I deleted them from the account quite some time ago, via phone, and was told by cc company to just cut the cards up, which I did. That's why I don't understand why they are still asking for my daughter when they call. Should I return their call next time?

        Thanks for your quick response.

        Toomuch
        ~~~ Toomuch ~~~

        Filed Chapter 7 - 10/15/08
        341 Meeting - 11/13/08

        Comment

          #5
          Originally posted by toomuch View Post
          No, they never signed anything. ... I don't understand why they are still asking for my daughter when they call.
          The collectors ask for her because they see your daughter's name on the account and are hoping that you will pay to protect her. They may try calling anyone associated with you, including your employer, friends, and neighbors, if they think that will encourage you to pay the debt. You can stop them from contacting any of you by phone by sending them a registered letter return receipt requesting such.

          Originally posted by toomuch View Post
          Should I return their call next time?
          If you truly intend to file bankruptcy, then there is no need to call any creditor or collection agency back or speak to them when they call, period.

          Get caller ID and a message machine and use that to screen your calls. Encourage your daughter to not speak to the collectors either - just say to call you and hang up, even if they are in mid-sentence. The more you or your family talks directly with them, the greater the chance one of you will slip up and say something you shouldn't or give them information they may use against you later.

          Collectors are trained to get money out of you any way possible within the law (and sometimes outside the law if they think they can get away with it). Most collection agencies workers are paid according to how much money they can get you to cough up. No matter how sympathetic/nasty/supportive/threatening they may be, their sole goal is to get you to pay, period.

          Suggest you keep it to yourself that you are considering filing also.
          Last edited by lrprn; 01-01-2007, 12:50 PM.
          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

          Comment

            #6
            Just to be on the safe side,........... Pull your Children's Credit Reports and see how the card(s) are listed for them. The CRA's should be showing your Children as Authorized Users for the time that they were approved to use your card. Since you've had them removed, the CC's may not even show on your Children's credit at all.

            If the CC's do show on your Children's credit, your Children can dispute the reporting as "Not Mine" and they will probably be removed.

            Maybe something to take care of before you actually file.
            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

              #7
              Originally posted by SinkingFast View Post
              Just to be on the safe side,........... Pull your Children's Credit Reports and see how the card(s) are listed for them. The CRA's should be showing your Children as Authorized Users for the time that they were approved to use your card. Since you've had them removed, the CC's may not even show on your Children's credit at all.

              If the CC's do show on your Children's credit, your Children can dispute the reporting as "Not Mine" and they will probably be removed.

              Maybe something to take care of before you actually file.

              Good thinking, Sinking. I will ask their permission to do that. Thanks to you and everyone else for the replies.

              Toomuch
              ~~~ Toomuch ~~~

              Filed Chapter 7 - 10/15/08
              341 Meeting - 11/13/08

              Comment

                #8
                I was an authorized user on some of my aunts cards for business purposes and i asked her to remove me and she did, when that happened, the credit agencies STOPPED reporting it on my credit reports........I am declaring bankurptcy chapter 13 and didn't want her credit ruined even though legally she was responsible for this debt since I was only an authorized user.

                I mean even if i wanted to i couldn't get them to include it because the accounts are not mine ....

                but if you just remove their names it should be also be removed from credit agencies and they (the creditor) usually reports that anyway, but i would double check to see that it was removed from theirs.

                Comment

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