Hi!
My hubby has a mental disability and is drawing social security. I am his legal guardian as our state court declared him unable to care for himself. He recently got a telemarketing call from Citi Cards and he gave out his information for a card unknown to me. He does not understand finances. He got the card and used up a thousand dollars and I did not know it until collections called. They said they are taking him to court if he doesn't pay it now. Now, my hubby and I live on about six hundred dollars a month so we cannot pay it all at once. I tried to explain but they won't take payments. Can they do this? What should I do?
2007-09-20 17:20:10 · 5 answers · asked by Anonymous in Business & Finance ➔ Credit
No they cannot do this. They are not allowed to harrass you either. And since your hubby was not in his right mind, neither one of you have a legal obligation to pay this. Of course if you keep the stuff he bought, you may have to agree on some balance.
Talk with a Credit Counselor and ask them for their advice on this. They will help you, or direct you on how to get help for this ok.
2007-09-20 17:30:01 · answer #1 · answered by lady_bella 6 · 0⤊ 0⤋
How was hubby able to charge up $1,000? Did you not notice stuff? How about statements coming in the mail? If you can return any of the stuff, do so.
You could try to send the creditor a letter, certified, return receipt, indicating that hubby is legally unable to agree to legal contracts. Send along documentation (court order?) showing that you are his guardian. And tell them to cease and desist calling you over this debt.
Either you won't hear anything more or you'll get a court summons. Go to court with your guardianship paperwork and a copy of the letter you sent the collector.
2007-09-20 17:49:21 · answer #2 · answered by bdancer222 7 · 1⤊ 0⤋
In addition to the above, I strongly recommend YOU take action on the following websites:
These actions are designed to prevent him from receiving such calls in the future. They take some time to work, but they are effective.
In addition, you may consider making a 100 word statement on his credit report to indicate his action being subject to mental competence per court order. Another option is attempting to call the credit bureaus for addresses to send copies of the court order. They have a section for public records which his court order is.
I know this does not solve the current problem, but I urge you to consider actions attempting to prevent it from happening again.
Best wishes, my Father had Alzheimer's Disease.
2007-09-20 18:04:44 · answer #3 · answered by Jeff H 5 · 0⤊ 0⤋
yes, they can put a judgement against you in Court, however,
the courts may realize that CITI didn't do their homework
to see if your husband was credit worthy because if they
new you only bring home 600.00 they wouldn't give you
credit for 1000.00. You would definitely need a lawyer
and don't talk to them on the phone, make them put everything
in writing.
www.creditinfocenter.com
2007-09-21 05:30:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋
as his legal guardian where were u when he was doing this? If he is that bad off aren't you suppose to be watching him all the time. I think you will have to pay the debt... but i'm sure something can be worked out.
2007-09-20 18:02:12 · answer #5 · answered by Anonymous · 0⤊ 0⤋