Tuesday, July 14, 2009

Can a secondary card holder on a credit card account, sue the card company to assume the entire debt

My mom is the primary card holder on a credit card account. I am an additional card holder. Can I sue the issuing card company to assume the entire debt, since the majority of it is mine?



Can a secondary card holder on a credit card account, sue the card company to assume the entire debt?

There is no way for you to sue the credit card company to assume the debt. The contract you have with them would make both you and your mom financially liable for the account, assuming that you are joint card holders. If you are only an authorized user then you may have a credit card with your name on it, but your mother is solely responsible for paying back the debt. Either way, you can open another credit card account solely in your name and then transfer the balance to it. This would leave you solely responsible for the debt. Since you are transferring the debt to a new card, look for one with a low intro rate on balance transfers (preferably 0% APR for 12 months) and no balance transfer fee.



Can a secondary card holder on a credit card account, sue the card company to assume the entire debt?

I%26#039;m not exactly sure what you%26#039;re asking...sue them for what? Do you mean to dispute a charge...or to get the account in your name alone?



Regardless, most credit card agreements have a binding arbitration clause as a condition of their issuing you a card. You%26#039;ll need to read the cardholder agreement.



Can a secondary card holder on a credit card account, sue the card company to assume the entire debt?

In short, the answer should be no. The credit card issuer has an unsecured credit agreement with the primary cardholder, the primary cardholder is assumed to control the entire account. The credit issuer MAY transfer the balance of one account to another account, but it is at their discretion. The credit issuer has certain legal obligations in the issuance of credit and recourse in the case on non-payment. If the secondary cardholder is not credit worthy, then the credit issuer would not open a new account for that person.



Slow payment of an account can be overcome, suing a credit issuing bank is a bad idea for all involved.

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