Father left son with a $12,000 credit card debt

[stacikimmel]

My husband recently found out that his father had been holding on to a credit card that he and his father jointly owned while my husband was in college 14 years ago. My husband was the primary owner and his father was the secondary owner. My husband no longer had possession of the card once he left college and was not aware that his father retained the card and used it for balance transfers and more recently for a cash advance into his (the father's) checking account. A year after that cash advance, my husband's father filed for bankruptcy and had his name removed from that credit card. Surprisingly, my husband's father continued to make minimum payments on the account for a year after his bankruptcy and I'm assuming he did that in order to keep the account and the liability a secret from my husband. However, as soon as his father missed a payment on the account, my husband received a call from the credit card company and the secret was out and we were more than a little surprised to find out that the balance on the credit card is for $12,000.

According to the credit card company, my husband cannot claim fraud since they have a copy of his signature showing he signed up for the card in 1995. However, my husband was clearly taken advantage of by his father because he had no knowledge that this card was still in use and he certainly had no knowledge that his father was accumulating debt on the account. All of the addresses on file are his father's addresses and all transactions and cash advances and payments to the account were made by his father.

Does my husband have a case for fraud? Can my husband eliminate his name from this debt and force the credit card company to go after his father? What are his options? Small claims court?
Thanks,
Staci

 

[army judge]

I don't see a case for fraud.
besides, who charges their father with fraud?
Would you charge your father with fraud?
But, I have digressed.
The card was opened by both parties (father and son).
The son should have closed the account, if he no longer wished to use it.
Your husband can file a small claims case against his father.
I doubt that he'll recover, as he gave permission to his father to use the account.
Both individuals remain jointly liable for the balance on this account.
That is why the bank called your husband when the father missed a payment.

I suggest YOU stay out of this.
YOU have no liability in this matter.
Yes, your husband does, so it does affect YOU.

I'd have the father and son discuss this matter.
In the interim, the son should close the account, if he wishes to limit his liability.
Barring any agreement that forbade the father to not use the card, or to limit his use to a specified amount; both parties remain on the hook.

Be advised, that when the account is closed, I doubt the deadbeat father will make any effort to extinguish the debt.
But, I've been wrong before, so who knows?

If the debt was not reaffirmed in the father's bankruptcy, that might make the debt invalid.
The debt might have been discharged in bankruptcy.
If the debt was discharged,m the account should have been closed.
If it was reaffirmed, then that won't help.
it could make the debt after the bankruptcy the sole responsibility of the father, however.
If the debt was reaffirmed by the father, then the argument could be made that the account became his singularly!
That argument is best made to the bank, initially.
Ask and you shall know.

 

[jharris352]

Your only choice is for him to go after his father. Despite what Army is saying, I would sit down and work something out with the father because he did something wrong. he should pay the card. The credit card company does not have to recognize fraud because in their position there is no fraud.