Legal Question in Credit and Debt Law in Oklahoma

Fraudulent Credit Card Debt

My 88 y/o grandma (Alzeihmers) has credit card debt of over $5,600, made by her daughter without permission. I am her guardian, have attempted to work with the card company to repay this debt. Initially, was allowed a no interest plan for 12 mo. and was told that good payment habits would assure participating in that plan. They also agreed to drop past late charges and interest of over $500. Pay has been timely, but they didn't drop the $500. After 1 yr, they dropped her from program & interest was set at 23.99%. Have been on another program twice, for 6 months, but interest rate and minimum payment goes back up. She is on fixed income, 24 hour care, and can't afford to pay more than $60 per month toward this debt. I have provided her income/expense info to the company many times, but quit allowing her to be on the programs. We are being charged late charges monthly because she can't pay the full minimum amount. I've asked them to provide proof of the charges so I can seek legal action against the person who made the charges, but they cannot provide the info. They call me everday at home and at work. Is grandma stuck with this debt, what are my options?


Asked on 11/21/03, 3:41 pm

2 Answers from Attorneys
Chad Moody

Re: Fraudulent Credit Card Debt

If these charges were unauthorized you may have no problem at all; it is my understanding that most cards have protection from liability for more than $50 of unauthorized use. Read your cardholder's agreement. If that is the case, you can send a letter telling them to cease their efforts at collecting this debt and you might even be able to get $1,000 in damages per violation of the Fair Debt Collection Practices Act for each violation they commit.

Chad

Read more
Answered on 11/23/03, 11:35 am
Herb Southern The Southern Law Firm

Re: Fraudulent Credit Card Debt

Are you "legal guardian" or just looking out for her? If you are legal guardian, petition the Court for permission to file bankruptcy. Since Grandma is incompetent due to the A, I don't think she has a duty to pay any of this. It is obvious that she lacks the mental capability to contract.

Read more
Answered on 11/21/03, 7:09 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Oklahoma