Legal Question in Credit and Debt Law in New York

Re: collections

This is a difficult situation. If she admits to being the 'co-signer/guarantor', then she is 100% on the hook for the money. On the other hand, if you agree she did not know, the credit card company will push for you to be arrested.

There is one other option, if your aunt did not understand the documents she signed she has a chance. If her understanding was that she was more of a 'character reference' rather than taking on your obligation, then you both might be ok.

In addition, did your aunt give her agreement on a written, hard-copy document or on the internet? It could be argued that the internet agreement is not a 'signed writing' which is required by law to be liable as a guarantor.

There are options here.

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Re: collections

This is a factual dispute. If she was aware of the fact that she was signing as co-debtor, than it is not fraud. If she did not and you signed her name for her or took acts that now have caused her financial harm, it is fraud, and may be criminal. The proof is in the documents. The proof is in the acts the parties took after the credit was issued. Who got the bills? Who paid the Bills? You said your Aunt signed the Ameridebt papers...does she admit that? Does Ameridebt show that she did? Did they communicate with her? When you could not pay was she contacted by creditors? ANything in writing she was contacted by creditors? The more info you can develop that shows she either knew, OR SHOULD HAVE KNOWN, that will reduce the chance of being found guilty of fraud. Start gathering your evidence.