Legal Question in Credit and Debt Law in New York

Credit card fraud by family member

My mother-in-law is 75 years old.A few months ago she told me that her (other) son's girlfriend admitted to her that she signed her name to a credit card application with out her knowledge. This was a few years ago (!) The debt got out of control, and is now $15,000+. She told my mother-in-law she better sign the house over to her sons, (which she is in the process of doing). The credit card company constantly harasses both women. My mother-in-law screens her calls now and doesn't answer the phone. I guess my brother-in-law's girlfriend is only paying $10.00 a month on it, and is ignoring the collection calls. My MIL told me at one point the credit card company would accept $10,000 as payment in full...I don't know when that was, what (if any) mail correspondance has been made since then, etc. I am worried her social security & NYS pension checks will be garnished..Can they? My MIL does not want to prosecute! I am so livid I could scream!! My BIL seems not to care...Someone has to take action, as this is NOT going to go away..Please help..Any advice as to what the first step should be would be greatly appreciated..!


Asked on 5/16/04, 9:03 am

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Credit card fraud by family member

First your grandmother has to advise the credit card company she did not sign the agreement and that she is not liable for any of the debt. She doesn't have to tell them who did though the girlfriend IS completely responsible. She should NOT sign the house over to her sons (taking the advise of the person who put her into the mess does not sound like a good idea to me!!!) She does not owe the money so she cannot lose the house...if she gives it to her sons and they lose it..she's out!!! At 75 there is not much anyone can do to her. Social Security and pensions are NOT seizable. she has to have direct deposit for her account to be protected (I am only stating this for your info...her accounts should not be involved because SHE DOES NOT OWE THE MONEY. The girlfriend deserves to be prosecuted but IF she pays the bill they won't do anything to her...HAve your grandmother write to the Credit card company (Certified Mail) and have them PROVE she is reponsible...all she has to do is deny the signature is hers (and they'll have to prove otherwise) and let them find out who forged her signature...if they get the girlfriend...GOOD.

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Answered on 5/17/04, 1:58 am


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