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J D Haas
J D Haas, Lawyer (JD)
Category: Legal
Satisfied Customers: 2998
Experience:  21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials
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This might be lengthy. My wife for many years has MS and ...

Customer Question

This might be lengthy. My wife for many years has MS and dementia. It appears she had a credit card from 2005??? How she got it I truly do not remember. Anyway, a debt collector is trying to collect over $1,100. I have requested copies of everything that has transpired to see what is going on: signature, what was purchased, etc. If for some apparent reason they get a judgment. How does it affect me an my credit????    Thank you.
Submitted: 8 years ago.
Category: Legal
Expert:  J D Haas replied 8 years ago.
It is possible that her credit card debt might effect your credit rating. You have accomplished a good first step by requesting the documentation. You might be able to escape liability if your wife did not have the capacity to understand the charges. She might be able to escape liability as well. Close the account asap, inform them of your wife's mental condition, and get the records. Tell them that she might not have the requisite mental capacity necessary to accept a contract. Get her medical documentation that supports this. You should also consult with a California debtor lawyer. You can find them by this search: "California debtor lawyer/attorney". Good luck.

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Customer: replied 8 years ago.
Thank you. XXXXX hope you and your family have a happy and healthy 2008. She not only can't sign her own name she is receiving 24/7 care in a healthcare home. Unfortunately she is incompetent and will be that way....

Expert:  J D Haas replied 8 years ago.
I am sorry. You might be able to make a good case to eliminate this debt altogether. A debtor lawyer would be really helpful to you. Best wishes to your family.

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