Legal Question in Credit and Debt Law in Pennsylvania

My 35 year old daughter signed my name as "co-signer" on several loans she took. I did not know anything about this until one collection agency called demanding I pay the money. They told me I've have to file fraud charges on her. What recourse do I have?

Doris


Asked on 7/28/10, 1:37 pm

1 Answer from Attorneys

Doris,

Oh dear. Do you want your daughter to go to jail? That will be up to the credit card company once you fill out an affidavit of fraud. If you don't, you can always wait until the credit card company sues you at which time you can get a lawyer and defend the action claiming that the documents were forged. If the court agrees, that will be the end of the matter for you, but the credit card company can still go after your daughter.

Is there any chance that your daughter will be willing to do the right thing and take responsibility for this debt? If so, the credit card compant may need a notarized statement from her in order to remove your name from this.

I am not a psychiatrist, psychologist or mental health professional. I am not sure why your daughter did this. I do know that she is an adult and she needs to learn that for every action, there are consequence to that action. If you simply pay, then your daughter will have learned that "Mom will always bail me out when I get into trouble, even when I do something naughty."

Is that really the lesson that you want your daughter to learn? It does not mean that you don't love her if you let her deal with the consequences. I'm sure that you do. But love means more than being an enabler of her problem. If the daughter will not step up to the plate and accept responsibility for her actions, then you should fill out the affidavit and let the daughter face the music all on her own. She is 35. Its time that she grew up.

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Answered on 8/03/10, 12:44 pm


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