If my niece used my mothers SSN to co-sign an on-line loan, is my mother liable?

My mother never signed anything.

Asked on September 22, 2011 under Bankruptcy Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your Mother.  What she needs to do is to report the matter as an identity theft.  I know that it is difficult considering the familial relationship but she has to make sure that everyone knows that she was not involve in this fraud.  Additionally, she has to ask the credit card company for a debt "validation."  In validating a debt the credit card company is obligated to send her a historyof all the charges and payments, a copy of the original signed agreement which is a contract, and a copy of the assignment of the collecting agency that they are permitted to collect o behalf of the creditor.  Once this is done she can show them that she did not open the account and demand that they write off the card as in her name.  Good luck.


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