Ask Experts Questions for FREE Help !
Ask
    MARCELLA07's Avatar
    MARCELLA07 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 17, 2008, 09:11 AM
    Can I be sued for brothers credit debt in Florida
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Jun 17, 2008, 02:02 PM
    Quote Originally Posted by MARCELLA07
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Served a summons/being sued for credit card debt/first time being sued [ 2 Answers ]

I have been served a summons by first class mail of a lawsuit against me by an asset collection agency on behalf of a credit card company. The asset company has purchased the debt,in an amount just over $1000. My question is how do I proceed as I have never been sued before. I currently am...

I am being sued for credit card debt [ 1 Answers ]

I just got a call someone from a law firm named ……and asked me if I wanted to get lawsuit from my credit card company (Bank of America). The unpaid balance was from about 8 years back and when I was I different state (Massachusetts). Now, I am in Illinois and I’ve been getting the letters from the...

Sued Credit Card Debt [ 11 Answers ]

Hey I received I guess you would call it a credit card judgement for a debt I owe of $1700. Plus $ 750.00 Attorney fee for them , I guess... I have a 4 yr old, 5 month old, pregnant again with #3, and unemployed. Just recently got laid off from my previous job of 8 yrs. My husband is the only...

Being sued over an old credit card debt. [ 2 Answers ]

Greetings, I recently was served with papers via a Sherrif's deputy around 2 months ago. I answered the supeona and followed all of the proper channels notifying the bottom feeder collection attorney that bought the debt that the debt was incorrect, not mine, and that the statue of limitations had...


View more questions Search