Legal Question in Credit and Debt Law in North Carolina

If a parent's name is on a credit card along with a child's name and the child is the only one using the card and has declared bankruptcy, can the credit card company touch the parent's bank accounts?


Asked on 5/24/12, 7:21 am

1 Answer from Attorneys

I don't know what you mean by a parent and child having both their names on it. Are they co-borrowers? Did both sign the application for the credit card? Or is one an authorized user only? Whose name is on the credit card bills?

This makes a difference. If 2 people are co-borrowers and one files bankruptcy, then the credit card company can seek payment from the other person who did not. If only the primary person files bankruptcy and the other person is an authorized user, then the credit card company cannot come after the authorized user generally. If the authorized user used the card and did not pay for their purchases, there could be an argument that they are liable to the extent of their purchases but that would be it.

Concerning your second question, no credit card company can do anything regarding a bank account unless and until they credit card issuer or its assignee gets a judgment. So if the credit card company sued the parent and got a judgment, then the answer is maybe. It depends on if the parent is on a fixed income like Social Security or retirement. If so, that is exempt income and cannot be garnished. Even if the parent does not have exempt income, there are still ways to protect any income from seizure.

I guess the starting point is that the parent needs to figure out if they were a co-borrower/co-applicant or only an authorized user. The parent does not have to worry if the latter unless the parent made charges on the card which the parent did not pay. If the parent is a co-applicant/co-borrower, then the parent can make a deal to resolve the debt if the credit card ompany comes after them. If the parent is sued, he/she should not ignore the lawsuit but should speak with an attorney to see how best to resolve the situation. I have assumed that both the parent and child are in NC - obviously, the laws of states differ and if the parent is in a state other than NC the parent should consuly with an attorney in their state of residence if the parent is going to be liable to repay the credit card debt.

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Answered on 5/24/12, 10:43 pm


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