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  #1  
Old 05-24-2005, 05:54 PM
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Join Date: May 2005
Posts: 2

Occuring Bankruptcy


What is the name of your state?What is the name of your state? GA.

I was added to my Wife's credit card account as a user.
I paid my monthly payments on time. I made a balance transfer of around $6,500.00 to a no intrest card, which left a total of 650.00 owed, to this account. My Wife then, did a balance transfer of (2) of her cards to this joint account of which I was added. She then filed for BR including this account, and now I'm being the Primary of the card, they say. I have all documentation showing my Bal. transfer, and her balance transfer. Can I still be held liable for her transfers which were included in the case?

Please help,
Clark
  #2  
Old 05-24-2005, 07:25 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Were you an AUTHORIZED USER only , or was this a JOINT account - there is a huge difference.

Was the joint account she made the BT's TO a NEW joint account - one which you BOTH SIGNED an application for ?


IF the account was NOT a true JOINT account but you were only an AUTHORIZED USER then you have no liability for her debts. If you both signed and the account truly was JOINT, then I'm afraid you're stuck.

If you were ONLY an AU and the bank has now somehow elevated you to primary or claims it was a JOINT account, then dispute it and insist they provide an application with YOUR signature on it.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 05-25-2005, 09:06 PM
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Join Date: May 2005
Posts: 2

Reply to occurring BR


My Wife's BT's were to the same account, in which she opened before she met me. They have since sent a document showing that I and her agreed to all monies in this account. (I have been asking for this for almost a year).
My Wife swears that she added me as a User only (via phone) and told them that she would be totally responsible for my usage. So now they have come up with this.
So I have another question if I'm stuck with this bill. Can they still charge an interest charge? What if I don't pay at all? I don't have a problem with paying this if I charged this, but this is hers that was supposed to go on her BR.

What do you think?
THanks again, Clark
  #4  
Old 05-25-2005, 09:42 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
They have since sent a document showing that I and her agreed to all monies in this account. (I have been asking for this for almost a year).
And what kind of document was this that they sent you ?? Is there a copy of an application or ANYTHING with YOUR signature on it ??

What exactly does this document say you agreed to ?? If you had no part in the debts that were BT'd do this account, then how they can say you're liable for it is a mystery, most especially if all the debt was pre-marital debt.

Would this be MBNA by any chance ?
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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