Joint Acc. Advice

Discussion in 'Credit Talk' started by Mishelle22, Feb 14, 2003.

  1. Mishelle22

    Mishelle22 Member

    Mom and DAD have joint account. My Dad is filing for BK. Mom swears that she never signed anything until recently she thought she was just AU. But we found out this week that she is joint.
    Being that she never signed or gave ss#.
    Is she legally responsible just b/c they are married?Or did she need to sign a contract to be valid. And how does this work for account set up over the phone?
    How should we go about asking for proof of the account being hers, and what response should we be satisfied with?
    I was going to dispute with CRA's but Bofa confirmed her being joint over the phone. They sent us A Transfer of Resposibilty Form. But this says if they approve it she will still be responsible for what is owed but not new charges. And she has to sign and give SS# on this form. Thanks Mishelle
     
  2. keepmine

    keepmine Well-Known Member

    Are you in a community property state?
     
  3. Mishelle22

    Mishelle22 Member

    I am not sure we are in CA. My MOM has a house and from what thier BK lawyer says his debt wont put liens on her property.
     
  4. the_witz

    the_witz Well-Known Member

    California is a community property state, so yes she is responsible.
     
  5. keepmine

    keepmine Well-Known Member

    I would suggest she see a consuner lawyer. Community property states can be tricky. ALso, another problem she has is The Electronic Signature Act that was passed in 2000 give contracts entered into over the net and over the phone the same standing as traditional pen and paper contracts.
     

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