Legal Question in Civil Litigation in Georgia
Sued for repayment by family member.
Dh and I were both served the following statement of claim by mil: Defendant is cardholder under Master Credit Accounts for Plaintiff, his mother. The following account balances consistr of purchases made by Defendants which are past due and payable under the terms of agreement between parties when cards were obtained...Plaintiff allowed Defendant to purchase lawn mower underaccount. Plaintiff allowed cardholder to issue in attempt to help Defendants establish credit.
My response: The defendant denies all claims.
I was neither a cardholder or user of the mentioned accounts. Could I be held responsible for any of these claims?
Husband's response: Defendant denies credit card claim as stated.
Husband was the authorized user on a Visa account belonging to his mother. He used the account regularly and made payments monthly basis. Earlier this year we were late on some payments. The last statment we received from her on this account was in Sept., which we paid. In Dec., we were served by the magistrate. We have money set aside for all past due payments. My husband owes the money, and would never avoid payment. All agreements for repayment were verbal.Is husband responsible for payment in full on this account to his mother?
1 Answer from Attorneys
Re: Sued for repayment by family member.
If you are defending a pending lawsuit, you need a lawyer to review all paperwork and facts prior to drafting an answer. Your summary is not at all sufficient. However, I note that you say you owe the money were late on a few payments, and this was done as a favor to you by Mom. Default on payments often leads to the entire amount beng due. Why not smply pay the debt and end it? Why waste money on a laywer if you owe the money anyway, and why take a family dispute further into the court system if there is a simple way to end it? Why risk a judgment that'll stay on a credit report for years? If the money is owed, pay it and end the issue.
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