Legal Question in Credit and Debt Law in Kentucky

Credit obtained illegally

My stepdaughter (over 18) fraudulently signed her father's name as guarantor on a cell phone service contract. The account has now gone into collection and we are receiving the calls. We have been told that we must either pay the bill or file charges against her. Is this true? This is not the first time this has occurred. How can we protect ourselves from future occurrences?


Asked on 11/17/03, 1:27 pm

1 Answer from Attorneys

John Faust Faust & McCarthy

Re: Credit obtained illegally

Hello,

What a joy are children. You don't have to pay, or file charges, but you still may not be happy about the result.

If you or your husband KNEW she was going to do this you could have more problems.

Basically, the phone company is the victim of fraud, by your stepdaughter.

Your position would depend upon a number of things but most importantly:

-when you knew about it

-what you did about it when you found out

-how prepared you are to let her take the consequences for her own actions.

Their options are to file suit against you, if you won't pay. Then in court, they have to prove that it is your husband's signature on the contract.

Now, you don't have to file charges, in order to deny the debt, but the phone company might, and they could possibly make your husband testify in that case.

That is about all that I want to say without knowing more, but a it would depend on the amount of money involved, when you or your husband found out about it, and several other factors.

Good Luck

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Answered on 11/17/03, 5:24 pm


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