Legal Question in Credit and Debt Law in Pennsylvania
Hello,
My stepmother is gravely ill and on hospice. We found out that she ran up debt of $16,000 of which my father knew nothing about, most of the debt is credit cards that she opened account under my fathers name (her name is not on them). He has only SS to live on when she is gone and will have this debt. Is there anything he can do about it? If she signed his name, isn't that fraud and not be responsible? If she would agree to change the credit cards to her name, would he be responsible to pay after she is gone?
Thank you
1 Answer from Attorneys
This is a mess. Technically, yes it is fraud. But if your father knew about it, I assume that he did not file any kind of a police report. If that is the case, the credit bureaus, creditors and collectors are going to hold him responsible for the debt. Doubtful at this stage that your stepmother could get the cards in her name; you can try, but doubtful.
Assuming that the creditors will not remove your father's name, so what? Creditors can try to collect. But the issue is whether they will get anything. The answer depends on information which you do not discuss. Social Security cannot be garnished in any state for a credit card debt. You do not indicate where your father lives or whether he has assets. Depending, there are many options for him. He could try settling the debts for less than what is owed. If he has nothing, he can tell the creditors to go to hell as he has nothing.
What he needs to do is sit down with someone like me to review his debts and assets and discuss his options. if he is in PA, please have him contact me at [email protected].
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
