Listed On Mom's Credit Card

[Big Mac]

This question comes from Georgia.
I am listed as an authorized user on my mom's AT&T Mastercard. When she opened the account several years ago, she got a card sent to her in my name and I have used it a few times over the years. Now Mom is in a nursing home, has NO ASSETS AT ALL. I mean she doesn't even have a checking account. Socal Security is her only income and it goes to help pay her keep at the N.H. The State of GA pays the rest of her N.H. bill. She is unble to pay this credit card bill and I tried to help out, but due to my own debts, I cannot do that any longer. AT&T told me that I WAS NOT RESPONSIBLE FOR ANY OF THIS DEBT and it would not affect my credit. I also sent them a certified letter explaining this. Are they on the level with me and will they likely try to sue Mom or me? They also told me on the phone that they will close the account and write the balance off as a loss. PLEASE RESPOND ASAP. This is my SECOND POST and I didn't get a response the first time.

 

[I AM ALWAYS LIABLE]

This question comes from Georgia.
I am listed as an authorized user on my mom's AT&T Mastercard. When she opened the account several years ago, she got a card sent to her in my name and I have used it a few times over the years. Now Mom is in a nursing home, has NO ASSETS AT ALL. I mean she doesn't even have a checking account. Socal Security is her only income and it goes to help pay her keep at the N.H. The State of GA pays the rest of her N.H. bill. She is unble to pay this credit card bill and I tried to help out, but due to my own debts, I cannot do that any longer. AT&T told me that I WAS NOT RESPONSIBLE FOR ANY OF THIS DEBT and it would not affect my credit. I also sent them a certified letter explaining this. Are they on the level with me and will they likely try to sue Mom or me? They also told me on the phone that they will close the account and write the balance off as a loss. PLEASE RESPOND ASAP. This is my SECOND POST and I didn't get a response the first time.

My response:

I can't make any suggestions of a legal nature to you because I haven't seen the contract, nor have I seen what you signed to be an "authorized user".

However, there's one sure way to find out if they're "on the level", and that is to call them back, get the name of the person you speak with, and have that person agree to put AT&T's position in writing to you.

If they don't, and they sue you, how are you going to prove you ever had a phone conversation with them, much less a confirmation of what was said to you?

IAAL

 

[Big Mac]

More Info For IAAL

I will take your advice and do as you said on Monday when their collections dept. opens again. I don't recall signing anything from AT&T, and my mom says that all she did was request a card in my name on the initial application she filled out. The old "would you like a second card in another name on this account?" deal. The last statement from AT&T stated something to the effect that the minimum ammount due did not reflect the payment arangement and that mom should continue to make the payment specified in the payment arrangement. Also, the statement has always been addressed to Mom. My name does not appear on ANY correspondence from AT&T. I have the names of everyone I have talked to at AT&T and the dates & times of our conversations. When I called this past Monday, thay stated that the "payment arrangement" referred to the fact that they were in the process of closing the account. I was told that no money needed to be sent to them. Again, this is in Georgia. Thanks again.

[Edited by Big Mac on 11-25-2000 at 03:01 AM]

 

[SCREWCREDIT]

It's plain and simple.

The answer is really simple.

If you're listed on the account as an authorized card holder you are not legally responsible for ANY of the debt owed on the account and it can not be reported to your credit file at all, not even if it was in good standing.

If the account falls delinquent it will be *most likely* written off as a loss. As far as sueing your mom or whoever it was, that depends on the size of the balance. Most states do not allow homes to be involved in any kind of collection attempts.

Now if you're listed as a joint account holder, you're screwed. Joint account holders maintain the responsibility of all transactions on the card, the said balance, and the account in its entirity every month is reported to the credit bureau.

Good luck.