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  1. #1

    Default Responding To A Law Firm About Credit Card Debt

    I'm in Mississippi, FYI.

    An attorney here has been retained by Citibank to go after my mother for a balance of 18k (the debt was originally online about 13k, the rest is interest/late fees). I was listed as an allowed user on her credit card, but it was not in my name/nor did I use it. She let the credit card go and now the attorney sent her a letter threatening judgement. She sent a dispute letter in return. The problem is, they also sent one to me.

    What I need to know is, what can I send to clear my name in this?

    Also, how long does the attorney/credit card company have to prove she owes the debt?

    Thanks in Advance.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: What should I send?

    Quote Quoting TallulahIsabel
    View Post
    She sent a dispute letter in return. The problem is, they also sent one to me.
    That's a bit ambiguous. You mean, you also received a copy of the threatening letter that was sent to your mother?
    Quote Quoting TallulahIsabel
    What I need to know is, what can I send to clear my name in this?
    What have you done so far? Have you tried reminding the law firm that although you were an authorized user, you were not actually an account holder?
    Quote Quoting TallulahIsabel
    Also, how long does the attorney/credit card company have to prove she owes the debt?
    How long ago did default occur? The statute of limitations appears to be three years.

  3. #3

    Default Re: What should I send?

    Quote Quoting aaron
    View Post
    That's a bit ambiguous. You mean, you also received a copy of the threatening letter that was sent to your mother?
    Yes, except addressed to me.

    What have you done so far? Have you tried reminding the law firm that although you were an authorized user, you were not actually an account holder?
    I just recieved the letter and was unsure of what to send. Do I just write them and say that I was only an authorized user? I apologize if this is common knowledge, but this is my first time dealing with any of this.

    How long ago did default occur? The statute of limitations appears to be three years.
    Citibank just recently charged her debt off and apparently sold it to a lawfirm. This is what is written:

    "This firm has been retained by Citibank in connection with the balance due on your credit card account. Attached is an itemized statement of the indebtedness. This communication is from a debt collector. To avoid further legal action, please remit payment to this office within thirty days..."

    They go on to mention Miss. Code Ann. 11-53-81 and that if a payment is not made in 30 days, and a judgement is subsequently entered - that my mother would be liable for Citibank's reasonable attorney fees.

    It mentions on the bottom that unless the item is disputed in within 30 days, they will assume the debt as valid.

    There's no way my mother can make the payments. Her interest rate shot up to 32% after she was involved in mortgage fraud. Sshe unknowingly bought fraudulent houses and was advised by her attorneys to allow them to go into foreclosure. Due to universal default, everything shot up and she had to let them go.

    Would she be better off making an offer of paying a small sum each month? She's not concerned about the impact on her credit rating - she just doesn't want them to put a lien on her house/car.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What should I send?

    I don't see that any harm could come from explicitly informing the law firm that you are not an account holder and have no legal responsibility for the debt.

    That doesn't help your mother. She is free to try to negotiate a payment plan with the company that owns the debt.

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