Legal Question in Credit and Debt Law in Michigan

I had started a business when I was under the age of 18 (minor). I had needed credit cards for business purchasing and my mother had agreed to be the primary card holder since I would not have been approved. This was 6 years ago and in recent times, my company is struggling financilly and we are at the point of dissolving. The company has $36k of credit card debt that is technically personally garanteed by my mother. The company has no assets or cash and really nothing that will be of any use to a collector. However, my mother does have a revable living trust with enough cash/assets to satisfy the debt.

Since I want to try and protect my mother's interest in this matter, my question is if she did not sign a contract, never used these accounts (as purchases were made with my card in my name, but on the same account), was not knowledgable to any of the transactions that took place on these accounts, and didn't take part in the fuction of the company, can they hold her individually fully liable for this debt?

Once again, these are company credit card accounts (limited liability company), but were personally garanteed by my mother 6 years ago (only verbally over the phone). I also had a card on these accounts (she was the primary card holder) and all purchases were made with my card. Please let me know your thoughts and any advice you may have for dealing with the credit card companies on either escaping or settling this debt for far less if possible. Thanks.


Asked on 1/08/11, 1:01 pm

1 Answer from Attorneys

Timothy Klisz Klisz Law Office, PLLC

They will look to the company first, but if you dont pay, they have every right to come after a personal guarantor. Negotiation is another story and may be very successful. Visit kliszlaw.com to discuss. Tim Klisz

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Answered on 1/13/11, 1:31 pm


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