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nexus1467

I could use some advice with Direct Merchants Bank

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I have a problem I could use direction with.

My girl friend has a direct merchant credit card that she has had for ten years now. We asked for me to be added as an authorized user so I could speak in her behalf and nothing more. They sent a form to do that. She signed it and from the way the form read, I was supposed to sign it, and I did. I was not clear that my signing it made me become a co-owner not an authorized user. We had sealed it up but did not send it because we decided not to do it. It somehow got shuffled in with the bills going out and was sent. I was aware of this when I received a second card in the mail. I called them to inquire and they said that I was a co-owner and it will go on my credit. They are refusing to fix the mistake and will only remove me if the debt is paid off first. Even though I explained this was not our requested action, they will not fix the problem and are holding me as joint responsible owner of the account.

What recourse do I have, if any to force them to remove me from the account and to restore her account to original state?

We live in Texas, but I do not know where to look for info on this subject

Thank again for any advice you can give

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I don't think there is much you can do other than pay it off. If you signed to be a joint owner, your prob stuck with this. You can look through some of this and see if there is a clause or loop hole you might use.

Attorney General

Texas Finance Code

Also known as Texas FDCPA

Definitions of creditor, third party collectors, etc.

Bond requirement for third party debt collector

Must respond to dipute in 30 days

Can sue for injunctive relief and actual damages

Entitled to not less than $100 for each violation of chapter

Texas Secretary of State

To find out if CA is bonded, contact:

Legal Support Unit (512) 475-0775 Fax (512) 475-2815 or mail to

Legal Support Unit

Secretary of State

PO Box 12887

Austin, TX 78711-2887

Statute of Limitations

Judgements

Garnishment

Wages cannot be garnished.

Texas FCRA statutes http://www.capitol.state.tx.us/statutes/bc/bc0002000toc.html

Property Code

Homestead and personal property exemptions

Exempt Property Under Texas Lawin plain language

Texas Property Exemptions

How To Sue In Small Claims Court

Great info on this site about Small Claims process!

Homestead is exempt property.

Most personal property up to $30,000 single and $60,000 for married couple is exempt.

Texas Statutes

Texas Bankruptcy Law

Texas Legislature Online

Texas Judiciary Online

Small Claims Court

§ 28.003. Jurisdiction

(a) The small claims court has concurrent jurisdiction with the justice court in actions by any person for the recovery of money in which the amount involved, exclusive of costs, does not exceed $5,000.

(B) An action may not be brought in small claims court by:

(1) an assignee of the claim or other person seeking to bring an action on an assigned claim;

(2) a person primarily engaged in the business of lending money at interest; or

(3) a collection agency or collection agent.

© A person may be represented by an attorney in small claims court.

(d) This section does not prevent a legal heir from bringing an action on a claim or account otherwise within the jurisdiction of the court.

Texas Credit Laws

Office of Consumer Credit Commisioner

Search for lawyers:

State Bar of Texas

NACA

Business and Commerce Code

Texas Rules of Evidence

Rules of Judicial Administration

Arbitration: Wiping Out Consumers Rights?Artcle that explains arbitration clauses.

Texas Deceptive Trade Practices Act

Summary:

CA cannot sue in Small Claims, but you can sue CA in Small Claims.

SOL for credit cards is 4 years.

CA must be bonded and must respond to dispute in 30 days.

Generous exemptions: homestead, vehicle, personal items, and pets are exempt property (see statute for details).

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