Legal Question in Bankruptcy in Michigan

Co-debtor

Hello, I recently was notified that I was resposible for paying a 5,000.00 debt to discover card. My sister was the main card holder and opened the acct in 1997 and filed for bankruptcy in 2003. They have cleared her name off the account and now say I am responsible for the debt and I didn't even know about it. I only used the card once for about $50.00 and paid this to her. She said Her bankruptcy lawyer said I would not be held responsible. But discover is saying otherwise. What do I do, I will not be able to pay for this debt. We just bought a new house and I feel like she has stuck it to me. I need all available information to help me clear my name. Can she somehow ammend her Bankruptcy judgement since I did not charge 5000.00 worth of items. I have nothing to show for this and I am afraid it will destroy my credit HELP Please


Asked on 11/10/06, 12:14 pm

1 Answer from Attorneys
Charles Lawler Clark Hill PLC

Re: Co-debtor

Did you sign the application when your sister took out the account? Ask Discover to provide you documentation that you are a guarantor on the account. If you are not have an attorney write a letter to Discover explaining the situation.

However, if you did sign the application and are a guarantor you may be held responsible. In that case you should send a cease and desist letter to Discover and start negotiating a settlement. The fact that you used the card once does not make you liable for all charges on the card. Good luck.

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Answered on 11/10/06, 12:21 pm


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