Is it legal for a law firm after 10 years to sue you (cival suit) amount over $10,000 for and old credit card debt that you just co-signed? Please help my grandmother is at her witts end.. Thank you
2006-09-09 12:16:09 · 18 answers · asked by Brent28 1 in Business & Finance ➔ Credit
She can be sued as a co-signer.
But whether she can "legally" be sued depends on a couple things.
1. When was the last time her grandson either made a charge or a payment on the account?
2. What state does she live in?
If her and her grandson are out of the statute of limitations for collecting, they cannot "legally" sue.
Though collectors have successfully sued many people for debts that were legally out of the statute of limitations because most of the people that were sued did not know their rights.
If she finds that she is still within the statute of limitations, she should do a couple things. First she should pull her credit report and see if they are listed on it and have listed incorrectly and violated her rights (I'm sure there is some, there usually is) - and she should file counterclaims for the violations.
Then she should look up her states homestead exemption laws, see what they can and cannot take should they win.
She needs to answer the summons within the time allowed so they don't get an automatic default judgment.
If the account is out of the statute of limitations, she needs to include - affirmative defense of SOL - in her answer.
Since you didn't list the date that he last used the account, or the state she is in, I would suggest going to the site I've listed and scroll down to the bottom of the page. Click on her state to find the statute of limitations, and in most states, there is a listing of proof (state statutes) that the account would be considered an open account and not a written account.
Also check on the main page of that site for her states rules of civil procedures (RCP). She will "need" to use them when she writes up her answer.
If she cannot afford an attorney, she might check with Legal Aid. But, they will probably only help her with the paperwork for the court but not be there to help her in the courtroom.
She might also go to the second site I've listed. Look for an attorney in her area that specializes in FDCPA. Many of the lawyers will give her a free first consult (just be sure to ask about it when calling to make an appt.)
She might also go to the third site I've listed. If she is not going to use a lawyer, she can find examples of how to answer a lawsuit etc.
2006-09-09 12:59:29 · answer #1 · answered by echo 7 · 1⤊ 0⤋
If you grandmother co-signs for a loan, she is responsible for paying it in the event the grandson defaults.
But you may have a way out of this.....so do your research!
Every state has a "statute of limitations" law, that prevents a debtor from being sued for debts after a certain length of time. That time starts from the date of the last activity. You claim the debt is 10 years old, but when was the last payment made? Has anyone contacted these people discussing a payment plan recently?
Note that the average SOL in most states is 6 years. Some can be as long as 10. So check out the link below and do your research.
Contact a local lawyer for more advice, or drop me an email and I will discuss it with you. But if nothing has happened with this debt for the 10 years ;you claim, I don't think they can touch your grandmother at all with a lawsuit.
2006-09-09 12:51:22 · answer #2 · answered by Anonymous · 4⤊ 0⤋
My sister co-signed for a loan on a car. Guess what, the guy she was helping out stopped making the payments and took off with the car. She was sued by the bank and had to pay off the car herself. It doesn't matter how long it has been. They start a law suit after they have tried and tried to get the money from the original signer. He may have made some type of payments for 8 years and then just ran up the card and left it for grandma.
Yes it is perfectly legal to sue 10 years after the fact. She should have taken her name off after the grandson established himself because I don't think this has been going on for 10 years. I think it has only been a year or 2 that he hasn't been paying.
2006-09-09 12:26:29 · answer #3 · answered by nana4dakids 7 · 0⤊ 1⤋
Find out if she got an official letter from the credit company stating she was being sued or if it was a phone call from a collection agency calling with threats.
If she has a lot of other debts herself, plus now this surprise $10,000 added to it, it may be the best thing for her to go ahead and file bankruptcy. I believe her grandson will have to be there at the filing too as he is on the credit company loan. It will be in both their names but it will relieve her of the worry of being sued and also relieve her other debts.
One other thing ... where are the parents and why aren't they handling this instead of making the poor grand mom worry? The parents should be responsible for their child. She should talk to them about paying the money back. Someone better step in and help the grand mom so this doesn't make her ill.
2006-09-09 14:05:20 · answer #4 · answered by son-shine 4 · 0⤊ 1⤋
Most states have a statute of limitations, but your grandmother needs to buy 1/2 an hour of an attorney's time.. especially since she is being SUED. This is not a question for this board because no one on here is a Lawyer, but lots pretend to be.
2006-09-09 14:09:20 · answer #5 · answered by CactusFlower 4 · 0⤊ 0⤋
It depends on how oldthe debt is. I suspect that itsnot thecrdit card company, but a credit collection agency, andthey really won't sue her, but are just threatening to, And when did she cosign for his credit card, because I don't think that's legal. She may have cosigned for a loan ages ago, and they are trying to get his credit card debt from her now. However, anything more than7 years old, is usually forfeit . She needs to take it to a lawyer or accountant. they could tell her betterand a lawyer could counter-sue for damages.
2006-09-09 12:25:59 · answer #6 · answered by judy_r8 6 · 1⤊ 0⤋
I am sorry to say that unless her name was removed from that account, she is liable for the charges. The statute of limitations goes back seven years so if that debt was incurred since 1999 or so, she is indeed liable. I was also a victim to a friend who became disabled. I had to not only pay the debt but the late charges and penalties as well. I don't believe they can get money from her social security or pension but they could put a lien on her home, if she owns one. This is a case for an attorney. Might I suggest a call to AARP or a visit to their website below:
2006-09-09 12:35:54 · answer #7 · answered by Anonymous · 0⤊ 2⤋
A co-sign is just like your own credit. I don't know about the time limit. She needs to check into that further
2006-09-09 12:20:16 · answer #8 · answered by treasureisland85 3 · 1⤊ 0⤋
Sorry, I don't know, but my dad always taught me never EVER co-sign for anyone even if they are family. He wouldn't co-sign for me when I bought my first car. Your grandmother may need to get a lawyer. Best wishes.
2006-09-09 12:21:08 · answer #9 · answered by margarita 7 · 1⤊ 0⤋
there is a statute of limitations on old debt....6 years in most states, 5 in others....BUT First....protect Gran's bank account.....creditors can and do get a garnishment and seize the assets in a bank account W/OUT any notification to the account holder.....first and foremost......protect her money....get it out of the account and stop any auto deposits until this is over....
The garnishment can happen out of the blue....If there has been NO activity by the debtor on the account and the statute of limitations have passed, just send a notice (certified) informing the lawyers that she doesn't LEGALLY owe that debt and that they are to stop all attempts to collect.
2006-09-10 13:09:14 · answer #10 · answered by Paula M 5 · 0⤊ 1⤋