Legal Question in Credit and Debt Law in California
joint credit card account
Years ago my girlfriend added me to her credit card account, incase I needed to charge something in an emergency. I never used the card while we were together and I cut it up after we broke up. Since then, she has defaulted on the card and the collection attornies are now coming after me. All the charges were incurred by her and I believe she is willing to take full responsibility for the account by setting up a payment schedule. My question is how can I get the collection attorney to not come after me too? Also, do I have any protection if she doesn't keep to her repayment schedule? Can I do anything to minimize the effect on my credit report?
4 Answers from Attorneys
Re: joint credit card account
Did you sign with the card company to become responsible on the card. If so, you would continue to be responsible until you notified it that you should no longer be on the card. If the debt was not yours, you should write the company and protest the debt (certified mail)
Re: joint credit card account
It depends on what you mean by putting you on the card. Unless you signed a contract promising to pay you are not responsible for the debt.
Re: joint credit card account
To add to Mr. Koury, if the intentionally report the delinquency on your credit report, the credit card company could be liable for up to $10,000 in punitive damages.
Re: joint credit card account
You seem to indicate that your role in getting on your former girlfriends credit card was totally passive. If that is true, and you signed nothing, but simply received a second card, which you never used, then you would not be liable to the credit card company at all. If you did sign something, you'd better review what you signed. It will control your liability.
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