Legal Question in Credit and Debt Law in Oklahoma

Legal Action to Secure Balance on Credit Card Debt

My Mother has Alzheimers. My daughter, who lives with her got a hold of her Discover Card. She ran up a bill of 6,900. My mother and father are on a fixed income. Discover refuses to accept any medical documentation that states my mothers medical condition. They are constantly calling and threatening them. My Father when he found out about the debt, called them up and told them to stop all charges and close the account when it was at $3,100. The next thing he knows is they've added $3,800 more dollars afterwards. Now they have said that my mother gave OK for grandaughter to charge. She does not even realize what she says to people on the phone. Now they've added the charges to my credit report. Help if you can on this problem.


Asked on 11/05/02, 12:21 am

2 Answers from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Legal Action to Secure Balance on Credit Card Debt

Mr Berger is correct. If you want to keep Discover from bothering your parents further, a limited agreement should be made with a local attorney to negotiate the debt. Once Discover gets notice they are represented by a lawyer they will make all communictions through the attorney. I know that is not why you wrote to this site, but retaining a lawyer is the best way to keep Discover from harassing you and your parents.

Good luck-Martin

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Answered on 11/05/02, 8:44 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Legal Action to Secure Balance on Credit Card Debt

First of all, if there is anything that your daughter purchased that you can return, do so. Secondly, your father should immediately send a letter to Discover and tell them that the charges were NOT authorized and that he (or your mother, or both, depending on which names are on the account) has/have been the victim of fraud. It doesn't matter if it is his granddaughter, fraud is fraud.

As far as your liability for your daughter's actions, you may or may not be vicariously liable. I don't think that you are. However, I would wait for someone with more experience in this field to advise you on that.

Your civil problems may be solved with a few letters, but your daughter may face criminal charges.

Regards,

Ben

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Answered on 11/05/02, 2:08 am


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