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Next Steps, Midland/Citi, TX

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Background:  I am a member of Costco.  A few years ago, my mom, who is on the membership, applied for and got the Citi Costco Visa.  What we didn't realize until the card arrived, was that the card was in my name, not hers.  Costco's app didn't allow her to type in her name, but rather choose from a drop down menu.  She selected her name, but whether trough a slip of the hand or a glitch in the system, my name ended up on the card.  However, it shows up under her credit report. 

As you can guess, this card was defaulted on and eventually bought by Midland.  They sued me.  Since I had a couple of other suits at the time, I just acted on auto pilot and filed a denial along with and MTC Arb.  Then Covid happened.  I finally had a hearing on this this year and for a variety of personal reasons, ended up reaching an agreement* I could live with prior to the hearing with the plaintiff's attorney.   Said attorney was supposed to send me the paperwork for this.  To date, they have not. 

Now I'm wondering if I can change my defense and argue this is not my debt.  And if so, how to go about doing so.  Any thoughts or suggestions?

* I ran up part of this debt which is why I was willing to come to an agreement to pay for it.  Plus, less stress for both of us.

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Is your mother listed as an "Authorized User" of the Citi Costco Visa account, with you as the named account holder? If yes, you should check a copy of the card agreement to see if they report information about the account in the authorized user's name with the credit reporting agencies. If your mother is the account holder and you are listed as an authorized user, the lawsuit should have been filed with your mother's name as the defendant. Under the terms of most credit cards, the account holder is responsible for paying for any charges an authorized user makes. 

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I wasn't an AU on the credit card, it was strictly hers.  The account was approved using her credit/social but my name was the one that it was put under.  Not sure if it was a slip of the hand when selecting her name, or a glitch in the system.  As I said, at the time Costco had you select your name from a drop down menu not type it in like most applications.  Also, our names are very similar.  Otherwise, I'm not attached to the credit card in anyway. When I pull up both our reports, it does not show up on my mine, only on hers.   A bit confusing I know.  

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I would talk with an attorney. The credit card is in your name, not your mother's, so this account is in your name. You stated that you were aware when the card arrived that the name on it was incorrect. That would have been the time to ask for a new replacement card with the her name not yours. You state you are responsible for making some of the charges. The lawsuit lists you as the defendant. You answered the suit as the defendant. If your mother is the correct defendent, you would have to be able to demonstrate that in some way. If you were successful in getting this dismissed, your mother would likely be served. Would that lessen your stress? It would seem to me that getting the agreed-to paperwork from the attorney and paying this off as you have negotiatied would be the better option to wrap this up. Only you can know. 


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