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Do I need a lawyer? If so, what kind? Cost? Power of attorney has stated she will press charges for a cosigned CC thats 6mo late

Sacramento, CA |

Grandfather (not blood related but part of my life for over 35 years) cosigned for me in 09' (Care Credit). As of September 13' I have not been able to make payments and thought I had worked out a deferment. Now that his daughter is power of attorney and applying for credit in his name she is aware of the default. She states she will press charges for fraud because I asked him to cosign after Grandmother's death in 09'. I plan to write a letter to the collection agency to hopefully work out a repayment plan. I have asked his daughter to stop sending harassing texts and telling others about my medical info she found out from the collection agency. She has texted me her threats and confirmed she shared my info with others. I am 38wks pregnant, unemployed, and very very scared.

If she files a police report what would be the reasoning for the DA to take this up as a criminal matter ? Daughter's assertion that the timing of request to cosign equals fraud-is that valid reason? I had no intent not to pay the card and had made perfect payments for nearly 4 years.

Attorney Answers 4

  1. Best answer

    It is a common misconception that private individuals can file or "press" criminal charges. Only the District Attorney has the authority to charge people with a crime.

    If you have told her to stop sending texts and she has persisted, she's engaging in harassment. You could go to court and get an order for her to stop. You could also engage an attorney to send her a cease and desist letter. This wouldn't cost you too much and it might get her to stop even without a court order.

    If she's revealing confidential medical information about you, you could potentially sue her, depending on the facts, for defamation, invasion of privacy, public release of private facts or a myriad of other causes. You could also potentially sue the collection agency for disclosing this information. Consult an attorney. Most attorneys will provide an initial consultation at no cost.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

  2. Calm Down. The power of attorney has no basis to press charges for fraud or anything else. At worst, you may get some harassing calls from a collection agency. That might be the time to speak with an attorney.

  3. It is doubtful that daughter can do anything other than file a civil suit or police report. Only DA can file criminal charges.


  4. Sounds like a debt collection/civil matter. Doubt DA would file charges but in any event, you would qualify for the PD.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

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