Legal Question in Credit and Debt Law in Florida
I sold my share of a company back in January 2007. The removal of my name was supposed to be removed from all accounts. Today I discovered that one credit card still had my name attached to it and is delinquent several months. I checked my credit last year and this card was not on my personal credit, now it is as a past due account. I am sure my old partner is aware of this since our names are on the statements under the company name. So he has been using my credit after the sale of the company after stating the release of all liability and the removal of my name from every account. Now this has affected my personal credit. The account is closed and not allowing the bank to submit a Guarantor Release Form to be sent to remove my name and info from the account currently. Further, I believe he has foreclosed on the company and is going out of business. Now what do I need to do? Can I personally sue him for credit fraud?
1 Answer from Attorneys
Depending on what the documents stated at the time of removal would determine whether or not you can sue him. How was the company set up - were you and he under personal liability or the company? Was the credit card carried under the business name with personal liability. Need to answer that and other questions. I suggest you contact a corporate attorney to find out where you stand on this.