Grandmother debts - can they take $ from us??

[majekl]

New York State.

My grandmother was on tourist visa visiting us every couple months and she has SSN since 1990. She is no US Citizen nor permanent resident. She is 68 years old. She obtained a few credit cards with limit total of $12,000.00. She used our PO BOX address and out phone # to activate a card. I know this, because she always activated cards from our phone. Some time she asked my to pay her minimum and I sent sometimes a payment from my checking account. Our grandmother owe some money to me and my dad, so she wrote almost $9,000.00 check (it was credit card access check!!). We deposited a check in our checking account. She went back to Europe without saying the took all the money(****z!). Now we are getting phone calls and bills to pay! We don't want to pay for her and don't want to have anything with that! I asked her about it and she said it's her business, but I afraid that they can debit my checking account since she provided my routing and checking number to pay minimum once or two (I was pissed, but didn't want to file a fraud against her to the police).

What to do? My father wants to send minimum balance checks until she dies or we will pay it, but I don't want to pay, because my father will spend family money that I and my sister needs!

What should I do it? Can they debit some cash of my checking account or call and ask about access check I received from her??

What if the sue her? There is no assets of her in the USA and she is not going to come back to the USA, because her visa is going to expire next month.

 

[Debt Guy]

Our grandmother owe some money to me and my dad, so she wrote almost $9,000.00 check (it was credit card access check!!). We deposited a check in our checking account.

This is the issue that I see as most problematical. How long ago was the access check written and deposited? If a long time ago, probably not an issue. If very recent, the bank could take an interest in trying to get that money back. You can understand how they would feel and why they want their money. ​

Now we are getting phone calls and bills to pay!

Well, that is because she used your address and phone number. What do you expect?​

We don't want to pay for her and don't want to have anything with that!

OK. You are not legally required to pay for her.​

I asked her about it and she said it's her business,

She is correct.​

What to do? My father wants to send minimum balance checks until she dies or we will pay it, but I don't want to pay, because my father will spend family money that I and my sister needs!

Sounds to me like that is really your father's decision. What a terrible shame that he would use your inheritance to take care of the woman who carried him in her womb and wiped his bottom when he was an infant.​

Can they debit some cash of my checking account

No. At least not legally. If they run through a debit on your account they have violated a series of laws. They can do it but they will be forced to put the money back. If this is a big issue to you, just close the account and go bank somewhere else.​

or call and ask about access check I received from her??

They can ask. The only way they can make you disgorge the proceeds is to sue you and be awarded a judgment. It sounds pretty remote to me but they could.​

What if the sue her?

Oh, they will sue her. Expect it. My advice to you would be to write a letter to the credit card company and explain that she has returned to Europe and her new address is blah, blah, blah. Any mail that comes to your residence addressed to her -- just write on the envelope "NOT AT THIS ADDRESS" and drop it back in the mailbox. Don't open it.​

There is no assets of her in the USA and she is not going to come back to the USA, because her visa is going to expire next month.

OK. But she still will be sued. If she has assets outside the USA it is possible they could attempt to seize those assets but that is a pretty complicated process for a small amount of money.

The more likely scenario is that a judgment will be granted against her and that eventually a bench warrant will be issued for her arrest (the arrest warrant will have nothing to do with the fact that she owes money but will be the result of her failure to appear in court for the asset hearing that will eventually be ordered by the judge.)

If she decides later to re-enter the US, if the arrest warrant hits the immigration computers, a visa could be refused or even she could be arrested if she enters the country (not likely but possible). Most likely is the fact that the judgment will hound her if and when she reenters the US. ​

 

[majekl]

Our grandmother owe some money to me and my dad, so she wrote almost $9,000.00 check (it was credit card access check!!). We deposited a check in our checking account.

This is the issue that I see as most problematical. How long ago was the access check written and deposited? If a long time ago, probably not an issue. If very recent, the bank could take an interest in trying to get that money back. You can understand how they would feel and why they want their money. ​

It was done 2 months ago. I can pay minimums with money order for couple o months than saying NO to bills.

Now we are getting phone calls and bills to pay!

Well, that is because she used your address and phone number. What do you expect?​

I expected Post Office no to deliver mail to unsigned person to this PO BOX. When We sign the agreement with Post Office for PO BOX, they required us to show ID and sign for each person that will grab mail from this PO BOX. I already notified about this. My grandmother could grab this mail, because father always picks everything from the box and then goes home and leaves it in a kitchen. He didn't care about letters to my grandmother, because it's not his mail.

Everytime they call I say that no person live here longer and stop calling, it's private number.

We don't want to pay for her and don't want to have anything with that!

OK. You are not legally required to pay for her.​

I asked her about it and she said it's her business,

She is correct.​

What to do? My father wants to send minimum balance checks until she dies or we will pay it, but I don't want to pay, because my father will spend family money that I and my sister needs!

Sounds to me like that is really your father's decision. What a terrible shame that he would use your inheritance to take care of the woman who carried him in her womb and wiped his bottom when he was an infant.​

Can they debit some cash of my checking account

No. At least not legally. If they run through a debit on your account they have violated a series of laws. They can do it but they will be forced to put the money back. If this is a big issue to you, just close the account and go bank somewhere else.​

I can't close it, I have big credit line in this account and long history and I don't want to change it!

or call and ask about access check I received from her??

They can ask. The only way they can make you disgorge the proceeds is to sue you and be awarded a judgment. It sounds pretty remote to me but they could.​

They can ask, but I will answer that she wrote a check to me and I don't care about the person that wrote it to me. I didn't made any fraud. Legal check, so I cashed it. They can sue me??? Same way they can sue McDonald's, because she used CC at their restaurant.

What if the sue her?

Oh, they will sue her. Expect it. My advice to you would be to write a letter to the credit card company and explain that she has returned to Europe and her new address is blah, blah, blah. Any mail that comes to your residence addressed to her -- just write on the envelope "NOT AT THIS ADDRESS" and drop it back in the mailbox. Don't open it.​

I don't know her address or even phone #. She calls us only. I open just a mail from collection agency, but I didn't see before opening it was to her, I just open all mail that comes to our house! I though someone used my credit and I was gone to collection agency! Now I am sending back all the mail and notified Post Office that this person is not living at this location and stop sending mail to this address.

There is no assets of her in the USA and she is not going to come back to the USA, because her visa is going to expire next month.

OK. But she still will be sued. If she has assets outside the USA it is possible they could attempt to seize those assets but that is a pretty complicated process for a small amount of money.

The more likely scenario is that a judgment will be granted against her and that eventually a bench warrant will be issued for her arrest (the arrest warrant will have nothing to do with the fact that she owes money but will be the result of her failure to appear in court for the asset hearing that will eventually be ordered by the judge.)

If she decides later to re-enter the US, if the arrest warrant hits the immigration computers, a visa could be refused or even she could be arrested if she enters the country (not likely but possible). Most likely is the fact that the judgment will hound her if and when she reenters the US. ​

She owe a house, I doubt they will get sth from her. Not in Belarus. She will not come back to the USA, because she is not welcome at our home.

 

[Debt Guy]

Did you have a question?

 

[ecmst12]

I have a question. If OP's father starts making regular payments on this account, even though it is not in his name, could that somehow be considered as him accepting responsibility for the debt and open him up to being sued for it later?

 

[Debt Guy]

I've had attorneys give me both yes and no answers to that question. I've never been through that situation so I have no personal knowledge.

My guess is that the answer is pretty state specific and will lever on the state law, the persuasiveness of the creditor's attorney, lack of persuasiveness of the debtor/debtor's attorney, and the mindset of the judge.

Seniorjudge or JETX might know (Jet for sure will have an opinion!)

 

[BelizeBreeze]

I have a question. If OP's father starts making regular payments on this account, even though it is not in his name, could that somehow be considered as him accepting responsibility for the debt and open him up to being sued for it later?

Without a specific agreement to the contrary, simply paying on a debt, regardless the reason, is not acceptance of the debt itself. To assume the liability, the poster / payor would need to either be a signatory on the original or subsequent contract or the debt would have to be transferred in some manner to the poster /payor.

simply paying on a debt does not transfer liability for the underlying debt.