logo

Debtconsolidationcare.com - the USA consumer forum

Relative is sticking me with the bill

Date: Wed, 08/12/2009 - 15:47

Submitted by SPIDER.WOMANAZ
on Wed, 08/12/2009 - 15:47

Posts: 35 Credits: [Donate]

Total Replies: 8


Back in 1989 before I went to college, my aunt opened up a credit card account to help me build credit. She had one card and I had another each with it's own account number. I received my bills she received her own bills. I closed my account around 1995. She kept her's open. I moved to AZ two years ago, lived here for a year and bought a car. All of sudden I'm getting collection letters for her account. The amount owed is almost $6000. I have sent her two letters via certified mail asking her to resolve the issue. She hasn't made a payment me in over two years. I guess when my credit was was pulled to purchase my car something got sent to these people and I started getting invoices. I have called her and sent two letters certified mail to her and have received no response. She's basically sticking me with this. I have disputed the charge on my credit report. A the moment I think my only recourse is to take her to small claims court for the amount owed so I can pay these people. Since always received separate invoices I never knew she wasn't paying. It really sucks because my credit was on the road to being squeaky clean. And now this. If I could pay it, I would but I can't and frankly don't think I should since it is her bill. Any advice would be greatly appreciated. Also I live in AZ. She lives in GA. With small claims court do I need to file here or where she lives? Thanks.


I wouldnt file small claims court at all--I would demand validation from them ASAP. Send the debt collector a certified letter requesting validation and informing them that you hereby dispute this debt in accordance with the FDCPA.

The way it looks from your post, it would seem that you had no responsibility whatsoever when it comes to HER account--you had a separate account number, and you paid yours and closed it 14 years ago, so you have no legal obligation whatsoever to pay this money on her account. Two account numbers means that your account was yours, and you are not responsible for hers. It is not at all the same as if you had a joint account with someone and you both were equally responsible regardless of who charged what.

Dispute the debt with the debt collector and let them prove that you signed a contract on that specific account.


lrhall41

Submitted by on Wed, 08/12/2009 - 18:19

( Posts: | Credits: )


Yeah, I don't think they have a leg to stand on. Definitely demand validation. I wouldn't pay one penny on it unless forced to by a judge, and I honestly feel that that won't happen.

They are grasping at straws hoping to scare you into paying a debt that you have no legal obligation for. If the shoe was on the other foot, i.e. YOU didn't pay then they could go after *her*, because she is the account holder. I am assuming that you were an Authorized User on her account, and that this was not a joint account.

Check out the following:
"http://www.mtgprofessor.com/a%20-%20credit%20issues/are_authorized_users_at_risk.htm" (remove any added spaces)
Especially:


lrhall41

Submitted by Chrys Henderson on Thu, 08/13/2009 - 03:58

( Posts: 2538 | Credits: )


Thanks Chrys and Guest for getting back to me. I forgot to say that her account does appear of my credit report. So I don't know if that means it was a joint account or I was an authorized user or what. Does that make a difference. Also, her addresses have appeared on my credit report as well, I noticed recently which makes it very, very, very difficult for me to even obtain a credit report because of their verification requirements i.e. verify prior addresses and zip codes. It's just been a general pain in the butt. Thanks for the information. I'm feeling better

So if they don't produce anything that I've signed then do I need to do anything else?

Thanks.


lrhall41

Submitted by SPIDER.WOMANAZ on Thu, 08/13/2009 - 07:53

( Posts: 35 | Credits: )


I believe this is a joint account as she is saying it still shows on her CR and she never mentioned it saying Authorized User on the CR. The problem under a joint account is they will try to stick you with bill :(. Unfortunately a small claims court case may be your only recourse but considering this is family......these things can be difficult. You can try having her work out a payment plan first but it sounds like a dead end road. Sorry to hear this and we all hope you can come to an agreement with your family member.


lrhall41

Submitted by on Fri, 08/14/2009 - 08:21

( Posts: | Credits: )


It is a moot point, Guest.

*IF* it was a joint account, when she closed her part, the creditor had the choice of continuing to grant credit to the 1 person on the account or to close it. They chose to keep it open.

She closed her account 14 years ago. It is very highly unlikely that they have *any* legal leg to stand on.


lrhall41

Submitted by Chrys Henderson on Mon, 08/17/2009 - 21:00

( Posts: 2538 | Credits: )


Follow up to above.

So I sent the letters via registered and certified mail to the the 3 credit reporting agencies, the the creditor and the lawyer to which they had handed over the case. I got responses from Equifax and Transunion. The items is still reported on my credit report but is listed as a dispute. I have yet to hear from the other credit reporting agency and I haven't even heard from the creditor or the lawyer. I know that the letters were received because the delivery confirmation but I have not received the verification of signature via certified mail. It has been over 30 days.

So do I need to send the letters out again?

Thanks.


lrhall41

Submitted by SPIDER.WOMANAZ on Tue, 09/29/2009 - 09:50

( Posts: 35 | Credits: )