Legal Question in Credit and Debt Law in Massachusetts

Hi I got served papers for a line of credit my dad opened years ago for product supply. I had recently started a separate business filed differently than my dads and with a different name but since I had no capital or credit my dad used his credit account with the supplier and I paid it. Never was it switched to my name or did I ever apply for a credit account. Recently hard financial Times have befallen us and the credit line went to collections and now a lawsuit. My dad has tried to explain to the plaintiff it was his account but they're adamantly after me. We have offered settlement plans but I want my name and business cleared since the line of credit was never accounted to me,my ss#, or business to begin with. Do I have a legal position or am I completely culpable? Please help?


Asked on 5/24/13, 4:09 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

i do not understand.

Unless the property is your father's or you co-signed, i do not see liability unless i am missing something

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Answered on 5/27/13, 11:42 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Thanks for your question.

I think you should take the time to meet with an attorney to discuss your situation.

If you did not personally guarantee the line of credit, or authorize the charges, then I cannot see how the lender can sue you. You probably need an attorney to assist you in asserting appropriate defenses, and you should do so as quickly as possible. Your failure to timely file an answer, defenses, and counterclaims, could preclude you from raising these arguments later.

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Answered on 5/27/13, 5:55 pm


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