Legal Question in Credit and Debt Law in New York
If I am sued are my parents sued as well?
Hi,
I am a 19 year old college student. Due to an unfortunate misunderstanding someone wants to sue me. My question is that if I am brought to court, is the court allowed to involve my parents in this (ie if i am unable to pay will they take the money from my parents)? If I have less than the amount I am being sued (and I have no assests) does the court just take the amount in my bank account if the plaintiff wins?
Thank You
2 Answers from Attorneys
Re: If I am sued are my parents sued as well?
1. Since you are of adult age your parents are not responsible.
2. The court doe not automaticcaly take anything. The plaintiff may execute on a judgment against your assets.
Re: If I am sued are my parents sued as well?
Unless your parents co-signed or guaranteed the debt in a writing they are not responsibile. If the creditor wins in court they will get a judgment that will allow them to take $$ in bank account. If there is not enough money to satisfy judgment, it does not just go away. They can wait until you acquire assets or get more $$ and lien the asset or force a sale in order to get balance of their money. Email me w/ details of "misunderstanding" and amount of debt.
Debra