Legal Question in Credit and Debt Law in Texas

Liability of previous secondary credit card holder upon default of primary card

I was issued a credit card by a friend under her account number. I only held the card for about a year and that was 15 years ago. Apparently she has recently defaulted on payment and since I previously held a card (15 years ago), they are coming after me and I don't even know where the person is at this time.


Asked on 9/26/00, 6:30 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Liability of previous secondary credit card holder upon default of primary

Unless you signed a document with no expiration which guaranteed the payment of this account, you have no liability for current charges by the account holder.

The mere fact of having been issued a second card 15 years ago does not make you liable for the debt today.

Respond to the credit card company by advising them that the account is disputed, that you demand a full verification and accounting, together with all protections of the Federal Fair Collections Practices Act. Keep a copy of all correspondance, and do all mailing by certified mail, return receipt.

Do not let them buffalo you into paying this debt unless you determine that you have liability legally for it based upon some document you can review.

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Answered on 10/26/00, 10:54 am


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