Can someone say another person is dead to get rid of credit card debt?

Asked on December 12, 2010 under Bankruptcy Law, Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the person is alive and someone says the person is dead to get rid of credit card debt, this would constitute fraud. 

Fraud is the misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce reliance.  The other party justifiably relies to their detriment.

Fraud is both civil and criminal.  In addition to a lawsuit for fraud brought by the credit card company, criminal charges could  be filed by the district attorney.

If a person is eligible to file bankruptcy, that would be a legal way to get rid of credit card debt.  Eligibility for a Chapter 7 bankruptcy depends on one's income and other factors.


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