Legal Question in Family Law in Pennsylvania
Credit Card - Authorized User versus Joint Account
About to file for divorce. Husband has credit card that has been sold to a collection agency and he's suggesting that I pay for half. I've never used the credit card and have been separated from him for over 10 years however the card may have been issued prior to our separation. I believe I may only be an ''authorized user'' and not ''joint owner'' on the credit card. I do not know my rights, I do not have the account number and I am unable to get any info from the collection agency. This card is also not listed on any of my credit reports that I recently downloaded. How can I fight this? What are my rights?
2 Answers from Attorneys
Re: Credit Card - Authorized User versus Joint Account
Well he's free to ask you to pay but, the issue is when were the charges incurred. Once you separated he should have taken you off the card. If he didn't that's his fault.
The best he might get is 1/2 the balance at the date of separation. That requires him to produce a statement from 10 years ago.
The fact that the card isn't on your credit report is a very good thing. Actually two good things. First, its not hurting your credit rating. Second, its one more piece of evidence that it was only his card.
If You have any questions feel free to contact me.
{John}
Re: Credit Card - Authorized User versus Joint Account
The determining factor regarding the collection agency is whether you were a "joint owner" versus an "authorized user". As a joint owner, the collection agency would be free to pursue you civilly. If, however, you are only listed as an authorized user, the collection agency will not be able to pursue this debt from you. My guess is that you are an authorized user, otherwise, the agency would have given you information that you had requested.
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