Legal Question in Credit and Debt Law in Florida

Liability for credit cards used by another

Ten or twelve years ago, I got 3 credit cards

for the lady who was then my caregiver of

sorts. After all this time I have been hit

with bills from collection agencies. I paid

one off last year, am paying another off at

50 per month [all I can afford] and now a

third one came stating I have to pay 9,400

dollars or...I don't have it, can't get it,

can I declare bankruptcy or what. I would

point out I am a 73 yr old vegetable, in a

wheelchair, on Soc. Sec. Thanks in advance


Asked on 2/06/00, 12:15 pm

1 Answer from Attorneys

Nemia Schulte Law Offices of Nemia L. Schulte, P.A.

Re: Liability for credit cards used by another

It does not matter if your credits cards were used for or by another person. The bottom line is that you are personally responsible for these debts. In your situation, you are probably "judgment proof" -- in other words, all of your assets are exempt from collection. However, that does not mean that creditors are barred from contacting you and demanding payment and from suing you on the cards. I have numerous clients in your age bracket and position. Most -- if not all -- have chosen to file for bankruptcy (in spite of the fact that they are judgment proof) primarily because they want to buy their peace. In other words, bankruptcy allows them to get rid of all of these debts and stop the harrassment from the creditors. In your situation, I am assuming that you live on a fixed income, you would be wise to file for bankruptcy because at the rate that you are paying these creditors, you will never be able to pay them off in this life time. If you have any questions or wish to discuss this matter in person, you may contact me at (954) 946-1881 or read my web site regarding bankruptcy (check the FAQ link). Good luck to you!

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Answered on 2/07/00, 11:37 pm


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