Me and my mom had an account with US bank and I was a minor. My mom racked up 982 dollars in debt with them. For some reason they think I owe the money. I was a minor when this happened. they later turned it over to a creditor and they are pressing a lawsuit against me. I can't figure out how this switch could happen. My social security number doesn't even show that I have bad credit or anything. I am really confused.
2007-10-03 04:36:20 · 10 answers · asked by sunscour 4 in Business & Finance ➔ Credit
this just happened, but the account thing happened 4 years ago. I talked to them twice when I tried to open an account with them, but they said they already washed their hands and turned it over to a creditor. I assumed they meant that they sent it with my moms name so I just opened an account somewhere else.
2007-10-03 04:43:51 · update #1
If you were a minor when your mother racked up the debt, you are not liable for any charges. A contract with a minor is not a binding contract. If, however, any of the charges were incurred after your 18th birthday they may hold you responsible.
There is something called the Statute of Limitation (SOL). After the SOL has expired you no longer have a legal obligation to pay. For your State's SOL check the link below,
http://www.bankrate.com/brm/news/cc/20040116b2.asp#tx
The best weapon against a debt collector is debt validation. If the have not filed the lawsuit yet send them a "Debt Validation Letter". Make prove what the debt was for, provide you with the original agreement with you and US bank, a detailed list of your payment history, etc. Make them also prove that they have a legal right to the debt and a legal right to collect from you. Most of the time they cannot prove any of these items and they will back off.
If they have already filed the suit and the SOL has expired, you must answer the summons. Use the "SOL as an affirmative defense. The lawsuit should be dropped.
If that is not the case, answer the summons with a general denial, or if you were under 18 when the charges occured you can use that as a defense.
Make them "Verify" the debt. Most of the time they cannot and they will back off.
If that is not the case, they may be willing to settle for a percentage of the original debt before the court date.
As for your mother, if you can prove that she racked up the charges you can take her to small claims court if the debt is still within your State's SOL.
2007-10-03 04:53:18 · answer #1 · answered by Ti 7 · 0⤊ 0⤋
Was the $982 overdrafts and fees on the account? Banks don't report overdrafts to credit bureaus. So your credit report might not show this. But your social security number had to be on the bank account.
If you and your mother were both on the account, they normally go after both. Are they pursuing your mother also?
You would be smart to settle this with the bank before it goes to court. You could then go after your mother for the debt.
2007-10-03 04:49:37 · answer #2 · answered by bdancer222 7 · 0⤊ 0⤋
Well, was it -your- bank account but your mother was signing as the adult to make it valid? If so, they're going to go after you first. You need to provide documentation showing that she wrote the checks. Have you even tried calling them to talk to them about it yet? You really need to talk to the people pressing the charges and see if you can come to an agreement to keep it out of court. Possibly even get a lawyer.
2007-10-03 04:40:20 · answer #3 · answered by gilgamesh 6 · 1⤊ 0⤋
Hard to answer when you do not say why your mother has not taken responsibility for her own debt. That said, collection agencies usually attempt to collect from anyone with any possible connection. Were you named as the "survivor" on the account? And your mother has passed away? I would write to the collection agency, stating the facts. If they continue to attempt to collect, you can send them a letter by certified mail with return receipt requested, telling them to cease contacting you. There is a small post office fee for this service--but it does work!
2007-10-03 04:43:27 · answer #4 · answered by gwhillikers2000 5 · 0⤊ 0⤋
If you were a co signer on her account or a joint applicant you are just as much responsible for the debt owed as she is thats why you would be turned over to a creditor is if she didnt pay and you didnt pay what she didnt either.
2007-10-03 05:01:05 · answer #5 · answered by ♥Kempa♥ 4 · 0⤊ 1⤋
hmm.. that sucks your mom needs to help you with this! If she's not..talk to a lawyer, can't afford one? Prepaid legal is good for only twenty something dollars a month..they can help.
You're credit is worth figuring this out.
2007-10-03 04:43:14 · answer #6 · answered by MileHigh! 3 · 0⤊ 0⤋
google The Uniform Transfer to Minors Act this should tell u everything u need to know
2007-10-03 04:47:28 · answer #7 · answered by angelsheart99 1 · 0⤊ 0⤋
well since they filed a lawsuit, you need to hire a lawyer
anyway, he might be find a way to sue them back for you
2007-10-03 08:20:53 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Your mom is at fault. Talk it out with her.
2007-10-03 04:38:34 · answer #9 · answered by Anonymous · 0⤊ 0⤋
it should not be on you.
2007-10-03 04:39:14 · answer #10 · answered by ? 7 · 0⤊ 0⤋