Full question:
My wife opened a credit card account in both of our names without my knowledge. She passed away in May 2008. I never was aware of this account until she passed. Now the credit card company is holding me responsible and has applied negative marks to my credit rating. She used my name and SSN in opening the account. The card company cannot provide me with a signature card. Am I legally responsible for this debt? How do I go about contesting this? I have already had the attorney general from Indiana involved. They at least got Chase to respond with records of disbursements but no signature.
- Category: Debts and Credit
- Subcategory: Credit Cards
- Date:
- State: Indiana
Answer:
When it comes to credit card debt, the responsibility often depends on whether you authorized the account. Since your wife opened the account without your knowledge, you may not be legally responsible for the debt. However, because your name and Social Security number were used, the credit card company might still pursue you for payment.
To contest this, you should take the following steps:
- Request a copy of the credit card application and any related documents from the credit card company.
- Since they cannot provide a signature card, this may support your claim that you did not authorize the account.
- Continue to work with the Indiana Attorney General’s office, as they can assist in disputes with creditors.
- Consider filing a dispute with the credit reporting agencies to challenge the negative marks on your credit report.
Under federal law, you are only liable for up to $50 of unauthorized charges (15 U.S.C. § 1643). Keep records of all communications and any documentation related to this issue. If necessary, consult with a legal professional for further guidance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.