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View Full Version : Can I be sued for brothers credit debt in Florida


MARCELLA07
Jun 17, 2008, 09:11 AM
In 2000, I thought I co-signed a loan for my brother to buy a dirtbike. We both lived in NY at the time. He then traded in the bike, and bought another so I thought end of story. Apparently HSBC gave him a line of credit, and sent him a credit card. I never received one nor activated any cards. He later moved to Florida and stopped paying in 6/2002 due to a severe accident. I then moved to Florida in 5/2005. He has since moved back to NY and I am still here in FL. The last payment was made while he lived in FL.
He is now being sued in NY for the debt. My name is spelled incorectly and listed second on the paperwork. I have NOT been contacted at all in this matter.
My question is this... Am I responsible for this debt? The SOL is 3yrs in FL, which I am a resident of, and the SOL in NY is 6yrs. The debt is for $1800
I have contacted the credit companies already to have my misspelled name taken off and my brothers address removed which the did. Now what do I do, can I contact the credit bureau and dispute the debt?

JudyKayTee
Jun 17, 2008, 02:02 PM
In 2000, I thought I co-signed a loan for my brother to buy a dirtbike. We both lived in NY at the time. He then traded in the bike, and bought another so I thought end of story. Apparently HSBC gave him a line of credit, and sent him a credit card. I never received one nor activated any cards. He later moved to Florida and stopped paying in 6/2002 due to a severe accident. I then moved to Florida in 5/2005. He has since moved back to NY and I am still here in FL. The last payment was made while he lived in FL.
He is now being sued in NY for the debt. My name is spelled incorectly and listed second on the paperwork. I have NOT been contacted at all in this matter.
My question is this....Am I responsible for this debt? The SOL is 3yrs in FL, which I am a resident of, and the SOL in NY is 6yrs. The debt is for $1800
I have contacted the credit companies already to have my misspelled name taken off and my brothers address removed which the did. Now what do I do, can I contact the credit bureau and dispute the debt?


I don't understand some of this -

You "thought" you co-signed a loan. Did you? Did you sign for some sort of open line of credit? If you ONLY co-signed for the loan, I don't understand why you are on the credit card debt.

NYS law - where the loan was obtained - would prevail.

The Statute runs from the last activity on the account - last payment, last charge - NOT from when the debt commenced.

He was served but you were not? That's highly unusual - usually both Plaintiffs are served at or about the same time. It's possible they will get the Judgment against him and then start an action against you but that will take them extra time and money.

If you are both on the Summons but you have not been served, have your brother send a copy to you and respond with your defense. There are plenty of threads on here concerning defenses and how to word a response/defense.