Thousand Oaks, CA asked in Collections for California

Q: Are both parties responsible If a line of credit is opened by one party of a joint checking account?

My wife was added onto her mother's US Bank checking account. The intent was for my wife to be an authorized signer while my mother-in-law had surgery. Six months after my wife was added, my mother-in-law opened a line of credit and used it to pay medical expenses. My wife was not informed this line of credit was opened and certainly did not sign an authorization. My mother-in-law is now defaulting on the line of credit and the bank is coming after my wife for the outstanding balance. The line of credit also appears on my wife's credit record. US Bank indicates only one person on the joint account is required to authorize the line of credit. Is this something my wife can fight or are we obligated to pay $2,027?

Related Topics:
1 Lawyer Answer
Sergio G. Chaidez
Sergio G. Chaidez
Answered
  • Collections Lawyer
  • San Diego, CA
  • Licensed in California

A: This is something you can fight. You will need to review the terms and conditions your wife agreed to when she was added to the account. You also will need to review the terms and conditions of the agreement for the line of credit. Do not just accept the bank's oral representations to you. Look to the contracts to see what was agreed to. Even then, you can argue that your wife did not authorize the line of credit, was not a party to that agreement, and use those arguments to negotiate a release from liability, settlement, or both.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.