Can I be sued for the credit card account? 19 Answers as of January 27, 2012

As an authorized user you had the right to use the card. She may want you to pay the bill but that doesn't mean you commited fraud- which is an illegal act.

I hope you didn't charge anything after he died. Otherwise, I think you're okay.

I'm not sure if she can or can't because you mentioned fraud. If you committed fraud then she may be able to, but from what you describe it sounds doubtful.

I don't think your dad would have anything relevant to say if you signed an agreement with the card issuer to be liable for the amount that now remains unpaid. If the credit card issuer goes after you tell them to produce all evidence that you are liable. You could offer to settle for a fraction of the amount. "Bill collectors" usually buy the accounts for maybe five cents on the dollar, so they can make money even with a small settlement. Seems like you did no "fraud." If there is a law school anywhere near you it may have a clinic with law students who can help you for free. You can call NOLO Press in Berkeley to see if they have a book that would help you. Do creative google searches.

I would have to read the contract to advise you on your liability to the company. However, if the widow is suing you for fraud, my guess is that you are not liable to the company. Rather, your Dad signed up for the card solely in his name and you were just an authorized user, making his estate solely liable for the debt. I assume the widow is suing you for fraud because this debt is cutting into what she will get. I assume that she is alleging that you fraudulently opened the card in your father's name without his permission or knowledge. She would have the burden of proving this, and such a case would involve an obscure law known as the dead man's statute that limits evidence of business transactions involving a person who is dead and cannot testify about the transaction. The rule prohibiting hearsay evidence would also limit the widow's ability to testify about any conversations she allegedly had with your father about the card. It is possible that you and your father are liable for the debt on the card, and she is suing you for fraud because even if you are jointly liable, the company can go against the estate for the whole amount unless you fraudulently opened the card, in which case, the estate would be off the hook.

Nice step mom. There would be no fraud. Your dad agreed to be responsible for the payments. If you used the money, your dads estate, not his wife can sue for reimbursement. It is very possible the statute of limitations may have expired.

When you say "years later" it sounds like any claim may be barred by the statute of limitations. She may be claiming fraud for 2 reasons, (1) to get around a statute of limitations problem - the SOL for fraud starts running from the date of discovery so she may be claiming that fraud was recently discovered, and (2) a judgment for fraud would likely not be discharged in a bankruptcy. It sounds like you have good defenses, but you should consult with an attorney.

If you received goods or services with a credit card, you may be responsible for the payments unless you go into bankruptcy.

Anyone can sue you. If you used the card you owe the credit card company. Your stepmother has a much weaker case and I would need more facts before answering you.