Legal Question in Credit and Debt Law in New Jersey
Credit card debt responsibility
My father owes $6,000 on a credit card and is going to file bankruptcy. I am an authorized user but not a co-owner or card holder. I did not make any of the purchases. A colllection agency is threatening legal action if I don't pay the balance. What can I do because I am not liable on this card. My father got this card in 1986. I was 16 yrs. old. Thank you for your help.
Bruce
2 Answers from Attorneys
Re: Credit card debt responsibility
Based on your post, you should not have any contractual liability as an authorized user. The collection agency may have violated the Fair Debt Collection Practices Act by threatening to take action that they legally can't take. If they violated the FDCPA, they could be fould liable for up to $1,000 in statutory damages, any actual damages you have suffered and your attorney's fees.
www.njconsumerfraudlawyers.com
Re: Credit card debt responsibility
Next time they call you, write down the full name (IF you can get it) of the person, ask for his supervisor/manager, write down their name, tell them to kiss your ass, NEVER call you again, sue you if they think they have a case (they don't according to what you told us in your question), AND tell them you are reporting them to the NJ Attorney General (NJ Consumer Affairs is part of the DAG's Office), THEN, call/write to the:
NJ Division of Consumer Affairs,
Reni Erdos, Director
124 Halsey Street
Newark, New Jersey 07102
Telephone: 973-504-6200
Toll free complaint line: 800-242-5846 (NJ residents only)
Fax: 973-273-8035
TDD: 973-504-6588
E-Mail: [email protected]
Tell them what happened, and who you spoke with, when you spoke with then, etc.
You can also probably sue them in Small Claims for violation of the FCPSA (Fair Claims Practices Settlement Act, $1,000 statutory fine per violation (probably 2 violations here) plus costs, damages & attorneys fees if you use one.
Put the fear of God in the SOB's. Good luck. Call an atty if you need one. Good luck.
Kevin J. Begley