Legal Question in Credit and Debt Law in District of Columbia
Responsibility for debt repay
Many years ago, my partner and I opened a credit card together. He was the primary card holder and signed the application, as I was a student at the time and had no income.
The debt has gone into severe collections. As I am not the primary card holder, am I responsible for repaying any of this debt? I am not certain if I was just an authorized user (a card with my name on it) or if I cosigned it as a student with no income. In either case, what am I legally liable for? Do I have to pay anything?
2 Answers from Attorneys
Re: Responsibility for debt repay
If you co-signed as a student with no income you're responsible for the entire amount as is the
other signatory whom you characterize as the primary card holder.
Re: Responsibility for debt repay
The issue of what the collection agencies can legally collect from you now through the process of judgment, lien, and, perhaps, garnishment, is
another matter entirely. Before they can place a lien on your property or a garnishment on your salary or bank aaccount, the agencies must first secure a valid judgment from a court having proper jurisdiction over this matter. If you opened the account and made the charges many years ago, the statute of limitation for bringing enforcement action may have already run.