Credit balance transfer for fraudulant reasons?

UPDATED: Sep 30, 2022

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Credit balance transfer for fraudulant reasons?

Hi there,
I rergrettably and erroneously allowed my dad to open 2 credit cards in my name. He has maxed them out and has since stopped paying them and spitefully won’t any longer. Is there a way I could either 1. Get these balances transfered over to him possibly for fraud? or 2. Have the debt forgiven somehow?

Your answer is appreciated,

Asked on September 29, 2016 under Bankruptcy Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, the debt will NOT be foregiven: the credit card company will not care that your father took advantage of you--that is between you and him.
You can't get the balances transferred to him.
What you can do is sue your father for the money for one (or more) of the following reasons:
1) Breach of contract: if there was an agreement, even if an oral (unwritten) one as to how much he could spend or whether he needed your approval for charges and he violated that agreement.
2) Fraud, if he lied to you about what he would do with the cards, to get you to open them up for him.
3) Unjust enrichment, if he is keeping the benefit of having used the card (e.g. bought or paid for goods or services) without paying you for them.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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