Legal Question in Credit and Debt Law in Texas

Authorized User of a Credit Card

A family member applied for a credit card, requested an additional card in my name. Now the creditors are coming to me for collection. I never applied for the card nor was the card issued based on any of my financial information. What is my position dealing with this collection attempt. How do I respond.

Asked on 4/15/05, 12:29 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Authorized User of a Credit Card

Respond by certified mail, return receipt requested, disputing the debt and set forth the information you just gave to me; it isn't yours, you didn't order it, you didn't use it, and you don't owe it.

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Answered on 4/15/05, 12:41 pm

Basil Hoyl Law office of Basil Hoyl

Re: Authorized User of a Credit Card

It depends. Who was the family member and what was the use of the money? If it was your spouse, then should your spouse create contrat debt during the marriage, certain community property may be liable for that debt. If the debt was to pay necessities for your spouse or your minor children, or if it paid off debt which you already owed for some other reason, there could be some right of subrogation. However, the general answer fitting most cases is: this was not a loan to you and you do not have to pay back loans made to other people. Send a certified letter and request copies of the documents containing your signature such as the application and any charge slips with your signature. Now, if someone forged your signature, the credit card company will want your affidavit of forgery so they can better prosecute the forger. If they can not provide anything with your signature, or the signature of anyone acting as your authorized agent (such as under a power of attorney), then you should be able to require them to leave you alone. Debt collectors may only want to cause you mental grief and collect the money irrespective of whether you owe any money or not. They may try to pressure you into paying someone else's debt. If they try this, request in writing the name and address of the creditor and owner of any debt they claim and send a copy of your letter to that creditor. You can request all parties (in that letter) to cease and desist all contact with you. Or, you could hire a lawyer.

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Answered on 4/15/05, 1:48 pm

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