Legal Question in Credit and Debt Law in Alabama

Re: alledged credit card debt

If you are not a user or an authorized user on the card, you cannot be made to pay the debt. You should demand a copy of the credit application or anything else the credit card company has that supposedly evidences your responsibility for the debt. The collection agency is using hard ball tactics to try to scare your mother into paying the debt. If your facts are correct, you should be succesful in defending the claim against you and the credit card company will have liability to you.

Re: alledged credit card debt

If they have sued you when they had no basis to do so then you should defend the case and potentially sue the company for a malicious prosecution. If it is a collection agency then you can also potentially sue for a violation of the Fair Debt Collection Practices Act.

While not directly applicable to you, please look at our blog that has a few articles that might be of some help. In addition, please pull your credit reports to see if this account is showing up on your reports.

Call us if you have any questions.

http://www.alabamaconsumerlawblog.com/2007/07/what_happens_when_you_defeat_c.html

http://www.alabamaconsumerlawblog.com/2007/05/alabama_consumers_sued_by_debt.html

Best of luck!

John Watts