Legal Question in Credit and Debt Law in Montana
buying things that someone has bought with a credit card
Are there any repercussions I could face if I buy something from my friend that he has put on his credit card. The computer is not yet paid off, and I would like to know if I bought it and he failed to pay off his credit card debt, can the credit card company take the computer
from me?
2 Answers from Attorneys
Re: buying things that someone has bought with a credit card
No, in most cases the credit card lender does not have a security interest in merchandise purchased with the credit card. Even if they did, they could only repossess the merchandise from the holder of the credit card. Usually, if your friend does not pay his balance, they will simply sue him for tha amount owed. You do not have "privity" with the credit card lender. In other words you did not sign a credit card application (contract) with them and you have no legal duty to them. I believe that you have no reason to worry about the computer being repossessed from you.
Re: buying things that someone has bought with a credit card
No. The credit card company has no security interest in the things bought. The credit card company will just come after him to get a judgment in the amount that he owes.
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