Legal Question in Credit and Debt Law in New Jersey
Credit Card Loan
I had opened a business credit card account under my name but my cousin used the card for his business use. The card was opened for him by me and was only used by him for his business. He has stopped paying the bill for the last three months and I just payed the latest bill. I need to have this debt out of my name and was wondering if I could take him to court so that he would be liable for the expenses he accrued on the account.
1 Answer from Attorneys
Re: Credit Card Loan
First, stop further charges on that account.
There is no way that you can "get your name off" an account that is not paid. If it is your account and you have paid the bill, you can and should close it.
Thereafter, getting reimbursed from your cousin has a lot to do with why you let him use the account in the first place. If you can prove that he promised to pay the bills and that you were just a guarantor, you will probably recover. If the fact pattern looks as if you intended to make a gift, you will not.
As a general rule, it is very risky business to lend money to relatives other than spouse and children. Giving one a credit card in your name borders on the insane. Please learn from the experience.
See also: http://info.corbettlaw.net/lawguru.htm