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Collections Law/Credit Reapir for Daughter
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Question
I had a credit card that I requested my daughter, who was 11 at the time and who was going on a trip to Australia to be a joint holder. I cancelled the card over the phone when she returned from the trip and never thought anything about it. She is now 19 and applied for a credit card and was denied. We pulled her credit report and it shows my debt on there. I have just declared Bankruptcy and this was part of it. Where does she stand in getting this debt removed from her credit. We are located in New York.
Hi Fiona:
She needs to send a letter directly to the credit bureau disputing the debt. It appears she has a couple legal grounds to do so. First that she was a minor and cannot enter into a credit agreement should be your first reason. If that does not work, send another letter disputing it as obsolete as it appears this has been over seven years.
As an aside - and this is out of my legal expertise area - you may want to find out of it was legal for you to list her. I am not aware that an 11-year old can legally be a joint holder. Because the debt was listed in bankruptcy - meaning you have not paid for it - I would be concerned for fraud investigations or the lender fighting the discharge.
Good luck. I believe the age issue should remove it from her credit.
Regan
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Answers by Expert:
Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.
Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports.
Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry.
I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA).
I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage.
In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.
Education/Credentials
BA University of Minnesota
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