Q: Are you legally required to continue paying charges on a credit card if the cardholder files bankruptcy?
I am not a joint card holder. My name is no where on the account. They just helped me out when I was having money issues and I agreed to pay a monthly amount until the balance was paid off. Now, there is no balance and they keep taking my money even though they no longer owe the amount.
A: I'm sorry, your question it's a little vague so this might not be what you're asking. If you're a joint account holder on the card, your liability isn't discharged by your co-debtor's bankruptcy. This means that they can come after you if you stop paying.
Bruce Alexander Minnick agrees with this answer
A: I presume "they" are the card holders and "they" filed a bankruptcy. Is this correct?
Bruce Alexander Minnick agrees with this answer
A: I think an issue arises in their bankruptcy that they needed to have reported you as someone who owes them money or property. Their bankruptcy trustee would have an interest in the money you owe them. It appears you have some form of a contract with the debtor(s). The credit card creditor has a relationship with the debtor(s) and your contract may be predicated upon that relationship. In any event, a bankruptcy trustee should be aware of your relationship with the debtor(s).
Bruce Alexander Minnick and Timothy Denison agree with this answer
A: Contact whoever "they" are and complain about this problem to them. Meantime, if "they" are taking money out of a bank account owned by you why not consider closing the account and opening another one--in a different bank? Caution: Do NOT try this trick unless you are ready to prove in a court of law that you do not owe the bankrupt debtor ANY more money. (Explanation: Just because the debtors card has been repaid does NOT mean you are off the hook for whatever amount you "borrowed" from the debtor.)
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.
