Can a credit reference be held liable fora debt?

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Can a credit reference be held liable fora debt?

I had a added a friend as a reference for a credit application. The amount owed is past due. A collection agency is now calling her harassing, telling her that she is now going to be summoned to court because of it. Can this really happen? And what legal rights due references have?

Asked on January 26, 2011 under Bankruptcy Law, Arizona

Answers:

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

Answered 11 years ago | Contributor

Oh my goodness!  Absolutely not!  The collection agency is violating the Fair Debt Collection Practices Act (FDCPA) and a whole host of other laws!  Your friend can not be help liable for anything at all unless she was also on the original application as an borrower. She could not even be held liable if you had added her as an additional cardholder without her signature on the original agreement.  You need to report this agency (or she should) to the appropriate agencies in your state.  Start with the state Attorney General's Office.  Then the FTC.  And the BBB.  She should also consider filing harassment charges against them. This is outrageous conduct and should not be tolerated. Good luck.


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