credit cards applied for on line ?

June 24th, 2008 by Questions

Hello, just a question, i am considering bankruptcy very shortly and am married and own a home with no equity available!
i have several credit cards that i applied for on-line, with my husband as a co-applicant on the online application … he is claiming that because he did not physically sign for any of the applications that they would not affect him, but rather just be in my name ?? is this correct, does the creditor require having a physical signature on file, in order to claim the outstanding amounts from the co-applicant ??

Posted from: Quebec


One Response to “credit cards applied for on line ?”

, A licensed trustee said:

There are a couple of thigns to consider:

1) did your spouse ever use teh crads? If they did then they are likely on the hook for the debts as a co-borrower. By using the cards they have accepted/agreed to the cardholder agreement.

2) does your spouses name appear on the monthly bills? If it does then the credit card company has set them up as a co-borrower based on the application you completed. Your spouse may argue that they didn’t complete the application, but the credit card company may counter by accusing you of fraud (falsifying the application in the first place).

The best “test” – give the credit card company a call and ask if your spouse is attached to the account. If they are, ask the company to remove them. If they won’t then they likely consider your spouse responsible for the debt.

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