Saturday, October 31, 2009

Mom is primary card holder, she listed no user on account, she is in nursing home and bill has gone unpaid.?

Dad knew nothing about card til collection agency called...can he be held responsible for balance? Card was issued in 1999.
Answers:
What happened to the monthly bills that were mailed out? She is still legally liable for the debt. Your dad could probably negotiate payment amount. Lots of times they will accept 25% if their choice is that on nothing. Also he should force them to eliminate any late fees, penalties and interest.
If your mom's name only name on account period, no user, etc.. your dad cannot be held responsible..ALTHOUGH the credit card people will tell u otherwise... they do that to intimidate and to get people scared and to pay... so if your dad WANTS to pay it off, then make arrangements explain situation to credit card people and carry on.. if not, I would get a statement from the nursing home, and write a letter to the credit card people telling them that dad had nothing and no knowledge of this card til collection agencies called and mom is in nursing home and that he is not responsible for this credit card. Then, either change ur phone number or get caller id.. they will harrass for awhile anyway.. thats what they do.. but they cannot hold this against ur dad.
Generally No but spouses can be held responsible for each other's debts due to living expenses. See page 4 of the link...
Look anyone that could help you ain't gonna under stand all this street crap...
In some states, spouses can be held liable for each other's debts, if the debt was incurred during the marriage. (If it was a debt that was incurred only prior to marriage, then that would be a different story.)

Your dad may want to consult an attorney if the debt is significant...laws vary from state to state, and an attorney in your area would be best able to advise him.
why dont you try to talk to her ask her things so you will understand her life and how she feels or if your old enough(which could be 10-14 you could get a job of picking up cans) but if this doesn't answer your question i am sorry i am only 10 years old and i do not know what a primary card holder is,so please dont hurt!!!!!!!!!!...

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