Legal Question in Credit and Debt Law in Florida
Liability for credit cards used by another
Ten or twelve years ago, I got 3 credit cards
for the lady who was then my caregiver of
sorts. After all this time I have been hit
with bills from collection agencies. I paid
one off last year, am paying another off at
50 per month [all I can afford] and now a
third one came stating I have to pay 9,400
dollars or...I don't have it, can't get it,
can I declare bankruptcy or what. I would
point out I am a 73 yr old vegetable, in a
wheelchair, on Soc. Sec. Thanks in advance
1 Answer from Attorneys
Re: Liability for credit cards used by another
It does not matter if your credits cards were used for or by another person. The bottom line is that you are personally responsible for these debts. In your situation, you are probably "judgment proof" -- in other words, all of your assets are exempt from collection. However, that does not mean that creditors are barred from contacting you and demanding payment and from suing you on the cards. I have numerous clients in your age bracket and position. Most -- if not all -- have chosen to file for bankruptcy (in spite of the fact that they are judgment proof) primarily because they want to buy their peace. In other words, bankruptcy allows them to get rid of all of these debts and stop the harrassment from the creditors. In your situation, I am assuming that you live on a fixed income, you would be wise to file for bankruptcy because at the rate that you are paying these creditors, you will never be able to pay them off in this life time. If you have any questions or wish to discuss this matter in person, you may contact me at (954) 946-1881 or read my web site regarding bankruptcy (check the FAQ link). Good luck to you!