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  #1  
Old 01-29-2004, 02:32 AM
maridy
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help! daughter used my credit card


What is the name of your state? MN

Hello- My daughter just confessed to me that for the last 2 1/2 years she has been using 2 credit cards that my husband had obtained several years before his death. They are both issued through the same bank.
I did not apply for these cards, but my husband did, and each one of us had one with our name on it.
I have never once used either of these cards, and had them put away in my dresser drawer for years. When my husband died a few years ago, I paid off the small balance that was on one of them, and never thought about them again.
when my daughter moved out of state, she took BOTH of them (a visa AND a mastercard) and has been using them ever since!! She had the address changed to her new address, and I never knew anything about it until she told me! she told me that she had been paying both of them regularly, but since she lost her job she has no way of paying anymore.
I called the company, and they told me that the only way I can ge this debt out of my name is to press criminal charges against my daughter.
my question is, since i never signed for these cards in the first place and have never used them, how can I be legally responsible for them? and in my state (MN) can they take my home or property if they go too far past due? the total balance for both of them is around $26,000.
I am very afraid and I don't know what to do next. I don't want to prosecute my daughter, because she'll never get a job with a criminal record. Please advise! thank you...
  #2  
Old 01-29-2004, 03:14 AM
2003-King-Ranch
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As users, both you and your daughter are responsible for the debt.

Good Luck
  #3  
Old 01-29-2004, 04:23 AM
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Join Date: Nov 2003
Location: Los Angeles
Posts: 228
I believe there is an exception in the cardholder agreement that states that if you allow your card or your PIN to fall into evil hands through your own carelessness... you're liable!

I think you may want to consider pursuing civil action against your daughter and at least get her locked into some type of payment plan. Either that or haggle the CC companies down and then deal with making the payments yourself.

Your daughter must have bought some nice stuff with that $26,000. And since it was done with your card it is actually your property. You should go pick up some of the goodies and look into selling them.

Most people use credit cards to finance a lifestyle that they can't afford. That means plenty of clothing, jewelry, electronics and maybe a car. Personally I think that you need to take an aggressive approach here... your daughter is going to do everything in her power to guilt you into non-collection. She is a decietful human being and you need to put your interest in your financial well-being ahead of "being nice".
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  #4  
Old 01-29-2004, 10:56 AM
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Join Date: May 2001
Posts: 6,454
Sadly, you are responsible. Are the cards still current? If you wish to peserve your credit rating, you'll need to start paying until your duaghter gets another job. When she does, I'd insist on all sttaements being since to YOUR address and you pay and daughter reimburses you.
I'd do 2 other things. First, I'd see if any of the stuff she bought can be sold and if so, we'd hold the mother of all yard sales. Secondly, I'd tell her that if you have to pay this off, she can consider that $26K worth of charge receipts her inheritance and stipulate that in your will.
  #5  
Old 01-29-2004, 11:18 AM
maridy
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thank you


thank you for your replies. I did not allow these cards to be used through my own carelessness. Not sure where you saw that in my message. she went into my dresser drawers and stole them, I'm not sure how that is my own carelessness. and since I had not gotten a satement for a few years because there was a zero balance for so long, when she diverted the statements to her new address, I did not notice it.
  #6  
Old 01-29-2004, 07:41 PM
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Join Date: Nov 2003
Location: Los Angeles
Posts: 228
well this is one of two things:

1. carelessness on your part for not having inquired into an open line of credit for over two years

2. grand larceny + credit card fraud with you as the victim

in all honesty I think it's a combination of the two... and I strongly believe that your daughter is a criminal who victimized you and has left you on the hook to pay for her crime. Instead of laying the blame where it belongs, you are projecting it onto the CC company and/or anyone who questions your daughter's intent. If your daughter had done this to anyone else, she would be in prison. However, she chose to do it to you because she knew that you would allow yourself to be victimized.

Of course your daughter is now unemployed... let me guess... she's also suffering from depression and a whole litany of other boo-hoo issues. F her. If I were you I'd sue her and ask for a summary judgment on the complaint... the facts are pretty straightforward and the law is clearly on your side. In CA this type of judgment is not dischargeable in that it arose out of a intentional and/or malicious tort... don't know about your state though.

You yourself used the word "stole" which suggests that you also recognize the criminal nature of your daughter's actions. So either start squeezing her or lay down and let her victimize you further. I may be wrong... but I have serious doubts as to whether this is the first time she has taken advantage of you.
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