Am I liable for a credit card my mom got for me

[msilver]

What is the name of your state? Washington. This is a credit card question. i was added to my mother's credit card when she checked a box., that is I got a card in my own name. I did not sign anything with the credit card company. I have used the card and run up a bill. My mom died and now the credit card company is calling me. Do I have any obligation on this even though I never signed anything with the company?

 

[divgradcurl]

What is the name of your state? Washington. This is a credit card question. i was added to my mother's credit card when she checked a box., that is I got a card in my own name. I did not sign anything with the credit card company. I have used the card and run up a bill. My mom died and now the credit card company is calling me. Do I have any obligation on this even though I never signed anything with the company?

Whether or not you are personally liable for anything will depend on the contract between you and the credit card company -- ask them to send you a copy of the contract proving that you are liable for the debt.

However, that said, your mother's estate is liable for the debt -- your mother's estate must be used to satisfy any outstanding debts she had before anything can be distributed to the heirs. Did your mom's estate go through probate?

 

[msilver]

msilver

msilver replies to divgradcurl asking re his reply to my credit card question of 3/31/05: if my mother but not me signed a contract with the company how can their contract bind me since I never signed it? But what I might have done when I signed the card is "accept" the rules and regulations? In other words, can their contract with my mom bind me just because I got a card?

 

[divgradcurl]

msilver replies to divgradcurl asking re his reply to my credit card question of 3/31/05: if my mother but not me signed a contract with the company how can their contract bind me since I never signed it? But what I might have done when I signed the card is "accept" the rules and regulations? In other words, can their contract with my mom bind me just because I got a card?

That's the point I was trying to make -- you don't always have to have a signed contract, sometimes you can be bound to a contract by your actions or by performance. That's why you need to see what exatly your Mom agreed to when you got the credit card -- it may be that your use of the card meant that you agreed to be liable for the debt, even if your Mom forgot to tell you...

But more to the point, was your Mom's estate probated? Why wasn't the debt paid out of estate assets?

 

[absconder]

How old were you when your mother opened up the account? Under 18?

 

[seniorjudge]

What is the name of your state? Washington. This is a credit card question. i was added to my mother's credit card when she checked a box., that is I got a card in my own name. I did not sign anything with the credit card company. I have used the card and run up a bill. My mom died and now the credit card company is calling me. Do I have any obligation on this even though I never signed anything with the company?

Standard answer on expired SOL and/or validation and/or dispute letters.

SOL
http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

 

[cmorris]

More than likely, you were just an authorized user. Authorized users are not responsible for the debt. It would be payed out of the estate. But, to be sure, get a copy of the credit card agreement. If you are just an authorized user, you do not have to pay for it. However, if you used the card after she died, that may be a different story.

 

[racer72]

Unfortunately for the OP, Washington allows collection of a credit card debt by any user of a credit card, even if they do not have a signed contract with the credit card company. When you signed for purchases using the card, that signature is your acceptance of the debt. CA's and CC issuers use this in court, the only evidence submitted is a signed receipt. It's one of those little things that slips under the consumer radar and most folks are not aware of the law. I didn't even know about it till I saw it on a consumer report story on a local TV news show.

 

[walkinlove]

My question is.....if you ran up a bill, why do you think you should not have to pay? Just wondering.