Please, I Need your help

BK is a little rash at this point. You may have options. Is your daughter an authorized user and do you have means to prove that she made these charges?

It may not be what you want to hear, but there are some options you can look into that will unfortunately negatively affect your daughter. However, after this kind of action by her, I'd say she needs the tough love. But anyway, one option is even to file suit against her for any contracts or agreements you had that specified her responsibilities for this debt.

If she is an authorized user, she is responsible for the debt as well. If the CC company sues you, they will no doubt include her as a defendant.

If she is an authorized user and you find no other choice but to file BK, she will remain responsible for the debt anyway.

I'm sure this is why my mother never even offered to share credit with me.

How long since her last payment?

 

You can be sued anytime under any circumstances. The deal is, if you are sued (given that your account number is not the same as your daughter's) you may bring that up in the answer (although it may not make much difference). You can also (in most states) do what is called cross-claiming, and may be able to sue your daughter in the same case as the one where the creditor is suing you. You'd basically be suing your daughter on behalf of the CC--sounds bad, I know. Check your state's court rules.

Garnishment is a state-by-state thing. I don't believe that SS benefits can be garnished...I'll have to check on that. Like I said, your daughter would also probably be summoned and if she's working, she'd be garnished. Check your state garnishment laws to see the specifics.

Although your daughter has chosen to ignore this predicament, she is not free and clear, and you're not alone in this. Unfortunately, creditors don't see things as they SHOULD be, they just want their money. They'll come after both of you.

A couple of questions...is the debt charged-off? Or have you closed the account? Once it does go to collections, and they send you their first collection letter, you may dispute the debt with a letter or tell them to stop calling in a letter (send a limited cease & desist--this stops their calls, but allows them to send letters). That will keep them from bugging you all the time anyway.

This is a bad situation, and I feel for you. And your daughter has messed up her credit for the next 7 years too.

Check into your options as much as you can. If your community has legal aid, check with them. Ultimately, you may have to claim BK, but you might as well educate yourself on the options.

Search Google for FDCPA to see what rights you will have against the debt collection agency (NOT the CC company). And search for sites that can help you with those rights.

Read the "newbie" section here many times and check out the credit board at www.creditboards.com/forums too...good information and helpful people here and there.

Good luck!

 

If she is just an authorized user, she is NOT responsible to the cc company for the debt. She wouldn't be named defendant in a lawsuit, and if the OP files BK, she will not remain responsible for the debt.

You have to be a joint account holder to be jointly responsible.

 

NOT TRUE. Authorized Users have absolutely no obligation on the debt. they get to INCUR the debt but someone else (read that YOU) has the duty to repay it. The daughter cannot be sued.

 

Thanks for clarification...I was given bad intel.

Is your daughter a joint account holder or AU?

 

Have you been receiving the bills for this card? Whose name is on the bill? To whose address is the bill sent?

 

Re: Re: Please, I Need your help

Who's the CC company?

 

Re: Re: Please, I Need your help

Write (not call) the cc company and explain the situation (actually, the way you have here). Often times, they will negotiate if the only alternative is BK. Call your daughter and let he know that you are willing to work with her once she can pay. She may not know what to do now that she has lost her job. Since she paid when she had money, I don't see what other option she has. Based on the result of these two actions, you'll know if BK is needed as a last resort.


BTW, you can write the cc company and politely inform them not to call to collect. Tell them that you are aware of your obligations and there is no reason for harassing calls. They can no longer call at that point.

Good luck

 

Re: Re: Please, I Need your help

If your daughter is only an authorized user, they shouldn't be calling her. She is not responsible for the debt.

Even though THEY record the calls YOU have no record. That's why you should do everything in writing, certified mail return receipt requested. Keep copies of everything.

When you write to them, tell them that it is inconvenient to call at any time and that all future contact should be in writing only.

I think bankruptcy is a little rash. They can't garnish your bank account if your only income is from social security. Once the calls stop, all they can do is write or sue.

If they sue, answer the complaint. Show up and tell them what you've said here. They can't legally garnish your bank account until they get a judgment, and they can't get a judgment until they sue. They might decide it's not worth it.