Legal Question in Credit and Debt Law in California

protection from my brothers creditors

My brother is financially irresponsible and lives with me, How can I protect myself from his creditors? Should I file some sort of public notice similar to the ones filed during divorce proceedings?


Asked on 10/15/05, 8:59 am

2 Answers from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: protection from my brothers creditors

There is no document that you can record that would magically protect you from his creditors. But debt collection is, by its nature, generally founded upon contract, either express or implied. So as long as you keep your activities (including bank accounts, credit lines, loans, real estate, automobiles, etc.) separate from him, you should be safe. Do not add him to title to anything you own. You should also not aid him in evading his creditors in any way. And don't let him use your bank account to cash checks. In short, you must maintain a separate existence from him.

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Answered on 10/15/05, 9:14 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: protection from my brothers creditors

Unless you have agreed to be personally reponsible for your brother's debts, the is nothing you "need" to do to protect yourself. There is no prescribed notice that would fit your situation.

Nonetheless, his creditors may continue to contact you while he lives with you. Their goal is to either to collect or get information about him that could be used to help collect. Your brother can send them a certified letter to stop calling. Make him get a P.O. box. Don't allow him to use your phone, refer calls to his cell phone. Get caller ID and ability to block numbers. These are all practical suggestions, not legal advice.

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Answered on 10/15/05, 9:14 am


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