Legal Question in Credit and Debt Law in North Carolina
A friend of mine bought a phone from the AT&T online shop with a 2 year contract, he used his SSN and his name, but since he didn't have a debit card he used mine.
Now since he is now paying his bills they're treating to sue me, is that legal? is it even possible? I did nothing wrong but to help a friend, I live in north Carolina.
2 Answers from Attorneys
If you are being sued, you should contact an attorney because if you do not respond to the lawsuit, they will get a judgment against you. To answer your question, if you just used the debit card to pay for the phone, then I do not think you can be held liable but if you signed any type of guarantee, there may be a different story. You may want to ask the creditor for what verification/proof they have that you are responsible for the account.
Never do this. When you "loan" someone your debit card, even for a one-time deal, the creditor keeps that information on file and tries to hit up your card again. Any more "friends" try to do this, tell them to get their own debit card - even a pre-paid one like at Wal Mart and use that instead.
Since you never signed anything, I do not see how the creditor could hold you liable. However, your post makes no sense. If your friend is paying his bills, then the creditor would not be threatening YOU. And what is a threat? Telling someone they will sue if you can legally do so is not a threat. Acting like Tony Soprano and stating that you are gonna break some legs if not paid is a threat.
Did you get something in writing? Or just a phone call? NC has laws that apply to both original creditors as well as debt collectors. I would only deal with this creditor or debt collector in writing. Get information about who is calling and get information about the account. I would be happy to draft a dispute letter for you for a reasonable fee. Please contact me at [email protected] if interested. Or you can send your own as suggested by Attorney Rosner.
If you send your own, send it certified mail, return receipt requested. Explain what happened and that you deny any financial responsiblity for the account and ask them to supply you with proof of your financial responsibility (guarantee or contract signed by you), If they cannot or will not provide proof then tell them not to contact you further about the debt. Keep a copy of the letter for you - you may need it if they try to sue.
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