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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7066
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I opened two credit cards in New Jersey for my Brother--he's

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I opened two credit cards in New Jersey for my Brother--he's now maxed both that have credit lines of $10,000. He owes me $19,800 and I advised him if he doesn't stop charging for a failing business, I would close both accounts. He replied that if i did that "(I'd) be screwed for over $19,000," adding that "he's in control of the accounts" even though its under my name. What is my recourse, plan of action and how can I fight this?
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 2 months ago.

I am sorry to hear this; can you clarify if you opened them in your brother's name with him as primary, or if he is an authorized user on the account?

Expert:  LegalGems replied 2 months ago.

Since you are offline I will provide some information in case you are online when I am not; please post any follow up questions here and I will respond.

I will assume that this is an authorized user, since that is the norm;

so basically when a primary adds an authorized user to the account, the primary assumes legal responsibility for any purchases made by the authorized user. There is no obligation to allow an authorized user to continue to have access to the account; the primary can simply contact the credit card company and inform them to remove the authorized user from the account.

After the accounts are closed, the primary can then sue the authorized user for money that was spent, alleging breach of contract (presumably there was a oral or written-typically oral in this situation- agreement to reimburse).

Unfortunately, given the amount, Superior court is the proper venue (not small claims or limited court); that information is here:

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 2 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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