Jump to content

In NY is an additional card holder responsible for debt?


ferdilverdil
 Share

Recommended Posts

My father passed away last year leaving some credit card debt. The credit card companies and now some collection agencies are attempting to get my mother to pay the balances. He had no estate and no assets. The accounts in question were my father's individual accounts, my mother was not a joint account holder, although she did have an additional card in her name.

Is she legally obligated to pay the debt if she never signed the credit application for the card?

Link to comment
Share on other sites

  • 2 weeks later...

I finally have the letters that have been sent to my mother from CAs trying to collect outstanding balances left after my father passed away.

He had individual accounts, with her listed as an authorized user/cardholder.

However, all 4 accounts are listed on my mother's CR as adverse accounts.

OC CA CR

Chase Omnium Worldwide Inc charged off as bad debt

Citibank Balogh Becker Ltd. collection acct.

Citibank Phillips & Cohen Assoc. Ltd. collection acct.

BOA Phillips & Cohen Assoc. Ltd. charge off bad debt

All 4 have sent letters to the "Estate of _______ ________"

All 4 have been informed there is NO estate, nothing went through probate, because there were NO assets left.

Atleast 2 have transfered my mother to their probate dept when thay have called her and she was told that SHE is not responsilbe for the debt. Yet the calls and letters keep coming.

I was going to begin DV efforts, but since they are only sending mail to the "Estate of ____ ____", I wasn't sure if I should bother trying to vaidate the debt as hers. Nothing comes addressed to my mother.

Any advice on the best way to proceed?? She doesn't want this held over her head and wants to regain the excellent credit she had prior to these accounts affecting her.

Thanks in advance!!

Link to comment
Share on other sites

I have first (well 2nd hand) experience with Omnium. They seem to handle a lot of deceased collections.

I had my friend send them a "I am not responsible for this debt, there is no estate to pay for this debt and I refuse to" letter. They never wrote again. The DV wasn't even timely.

Link to comment
Share on other sites

Since they are reporting (and I assuming your mother isn't liable) give them a reporting cycle (20-30 days) from the time they receive the letter. If it's still on her report, start disputing with the CRAs. Make the dispute specific, in this case "not responsible party for debt" or something to that effect. If they stick, dispute again. Repeat until they stop accepting her disputes.

If it gets that far, retain an attorney to sue. Make sure she keeps signed originals of all correspondence and green cards.

Link to comment
Share on other sites

Should I try the same approach with the others?

Send certified letters to each referencing each account and simply state:

"I am not responsible for this debt, there is no estate to pay this debt, and I refuse to."

Wait 30days to hear back, and check with the CRA?

Do I send anything to the CRAs in the meantime?

Link to comment
Share on other sites

I would do the same for all since it's all the same thing.

I'd wait to send anything to the CRA. Give them time to actually send in a delete to the CRA. It takes a little longer up front, but will take care of any extra hassle on the back end should you dispute to soon, it get verified before they have had a chance to update and delete and when you try disputing again you get a previously investigated letter.

Link to comment
Share on other sites

Out of curiousity, I know you can get a free copy of credit reports once a year, which we did in October. What is the cost for others?

Like $5 - $10 or something. I believe it varies per state.

You can get a full report with FICO score from myfico.com for about $12 per bureau.

Link to comment
Share on other sites

Since I'm doing this on behalf of my mother, who has a hard time hanging up on telemarketers, let alone not talking to CAs who call. Should I incorporate a CD notice into my letter? Here's what I was thinking...

To Whom It May Concern:

This letter is being sent to you in response to a recent notice sent to me. Be advised that the account referenced is not mine, there is no estate and no assets were left to pay for this debt. I am not responsible for the debts of others, and therefore I will not pay for this debt.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your offices to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose. Your prompt attention is appreciated in clearing up this matter.

Link to comment
Share on other sites

I just found out that my father owned some land out of state, but he had let the taxes go deliquent many many years ago (1986). It turns out a tax lien was bought in 88 at the county's tax lien sale. The investors could foreclose after 3 years which they never did, although I just found out from the county's treasurer's office they are in the process of doing so now.

If we want to save the property from being foreclosed on we have to send the county a check and an affidavit of redemption BEFORE the judge signs the judgment. We don't have much time to act here.

If we do that, and bring the taxes current and pay off the lien holder (actually the county pays off the lien holder from the payment we would send in), then the CA's or OC's would have assets of my father's to go after.

IF we just keep paying the taxes and don't transfer ownership of the property until the SOL is up what are the chances this property might be discovered? And which state's SOL do we go by for the debt? Where my father lived? Or where the land he owns is?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...