Legal Question in Bankruptcy in Texas

Pre approved Credit Card/Ch 7

A JOINT PRE-APPROVED CREDIT CARD was sent to my residence in VA back in 1994 (unbeknownest to me). My ex used the card for cash advances (while we were going thru separation for her own using). I didn't find out about the credit card till a call came into the house requesting payment on the acct (my ex usually got the mail seeing she got off work before i did). At that time I closed the account and had that credit card put into the Personal Property Settlement. I have never used the card or paid on the card. I was told from the credit card company in 1/2003 that the acct was past due and that, according to them, my ex filed Ch 7 back in 4/2002. They have since sold the account to a collection agency who has been calling. I wrote the collection company about what took place but they told me that i was still on the hook for this debt. I am trying to rid this off my credit report once and for all. The rest of my credit report is very good except this. What can I do to remove this from my credit report and get rid of the balance or am I on the hook for the outstanding balance?


Asked on 7/25/03, 12:07 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Pre approved Credit Card/Ch 7

Sounds like you never signed a card agreement. I would suggest you ask the credit card company or collection agency for proof of your liability, a signed agreement. Just because they put your name on a card does not make you liable. You may end up having to spend money on legal fees to get this cleared up. Larry Maun 713.266.2560

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Answered on 7/28/03, 10:06 am


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