QUESTION

What happens when you are financially tied to a family member through credit cards and they go into debt?

Asked on Mar 30th, 2012 on Bankruptcy - California
More details to this question:
My father is now in debt for around $100,000 from credit cards. He added me onto accounts (to use while I worked for his construction business) when I was 21, which was 8 years ago. I have not used one of them for over 4 years and the rest for at least 6 years - since I stopped working for him. I was never aware of any debt until this year. I am now 29 years old, just graduated from college and owe monthly payments for a new car and school loans. My father is considering filing for bankruptcy. Will I also need to file for bankruptcy? I''m worried the money he owes will be transferred to me after he files bankruptcy. Or that I''ll lose my car or get credit damaged on my loans while I repay them.
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2 ANSWERS

Estate Planning Attorney serving San Clemente, CA
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Anonymous, You have good reason to be worried. If he does not repay the debt, it is very likely that they will pursue you for the debt. Contrary to what Mr. Markus indicated, it has been my experience that even an "authorized user" can be held liable for credit card debts. You do not necessarily have to have signed a credit agreement - many are written in such a way that the first use of the card binds you to the credit agreement. First step is to check your credit report and determine what, if any of these cards are reported on your credit report. Next, if there are any reported, contact them immediately and ask for them to provide proof of the basis of your liability for the debt (i.e., to show you the credit agreement you signed or were bound to by way of an implied assent to its terms). Do this right now - before he defaults or goes into bankruptcy. If any of them claim you are liable for the debts, dispute it and try to get yourself off each account before he stops paying or goes into bankruptcy. You don't want to have to tank your own credit over a situation like this. You may wish to contact a local attorney to help you through the process of disputing the debts if necessary. If nothing else, make sure that your name has been removed from each and every account as a signor immediately. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."
Answered on Apr 03rd, 2012 at 6:37 PM

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Bankruptcy Attorney serving Burbank, CA
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Whether you are responsible for the debts on your father's cards is not a bankruptcy issue; it is a matter of state contract law.  If you are a signatory to the cardholder agreement, then you are most likely liable for the debts.  If, however, you are merely an authorized user and never signed anything, then you are probably not liable. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr
Answered on Apr 01st, 2012 at 3:01 AM

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