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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17080
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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Hi I am in bit of a jam. 6yrs i took out some CC in my fathers

This answer was rated:

Hi I am in bit of a jam. 6yrs i took out some CC in my fathers name without his concent. Over the yrs i have been unable to pay them money and now the company is going after my dad and my company.

I am over seas working at the moment and I want to reply to a summons. How can I as the company owner reply to the court summons. DO I need to be there in person or can I send a certified mail to respond to the summons.

I am also aware that divolging this information can bring me up to fraud charges. This is in NJ

WALLSTREETLAW :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETLAW :

This is an unfortunate situation,

WALLSTREETLAW :

what you can do is the following:

WALLSTREETLAW :

1. File an answer from where you are, and have some party file it in court,

WALLSTREETLAW :

2. Hire an attorney to handle the matter so you do not have to appear if a Court date is sent.

WALLSTREETLAW :

3. Let them obtain a default judgment, and try to settle the matter later.

WALLSTREETLAW :

4. Consider having your father file the answer if it is in his name.

Customer:

The docket is in his name but he's afraid that if he signs they will put a lien on his condo, so he wants to say it was fradulent charges which them bring in more issues.

Customer:

Now can I as the company owner file without my dad filing or he has to file the montion sent to him?

WALLSTREETLAW :

If it is in his name, he would have to file an answer,

WALLSTREETLAW :

If he claims fraud,

WALLSTREETLAW :

you may be in danger of criminal or civil sanctions.

WALLSTREETLAW :

It would be best to hire an attorney to appear in Court and try to settle the matter,

Customer:

What does that mean?

WALLSTREETLAW :

or threaten a bankruptcy

WALLSTREETLAW :

If he claims he did not give anyone authorization, to sign his name,

Customer:

u mean my dad threaten bankruptcy or both of us?

WALLSTREETLAW :

your dad, as he is liable not you,

Customer:

right i get that but criminal sanctions and civil sanctions is that jail time how much do i have to fly back to states?

WALLSTREETLAW :

I would doubt jail time, or even civil sanctions, as you work together and are family, tI would doubt such an allegation would go far,

Customer:

ok so I should just push to work with the creditor to come to a solution

WALLSTREETLAW :

Yes,

WALLSTREETLAW :

that would be best,

WALLSTREETLAW :

you can also not respond to the summons,

WALLSTREETLAW :

and let a default go through,

WALLSTREETLAW :

and try to settle the matter later if more time is needed.

Customer:

that's an option wouldnt default be a court hearing?

WALLSTREETLAW :

no, they get the judgment, as you did not answer, but this takes a few months,

WALLSTREETLAW :

and several more months for them to actually try to collect,

WALLSTREETLAW :

Your father can also change the deed of the condo, so they cannot attach it.

Customer:

ohh I see so they cant just put a lien on my dads place like next month

WALLSTREETLAW :

no, it takes several months, and they will try to garnish wages or freeze accounts first.

Customer:

ok

Customer:

would advice I just mention to the creditors am responsible not my dad?

WALLSTREETLAW :

no,

WALLSTREETLAW :

you would have to sign a assumption

WALLSTREETLAW :

which states you assume the debt.

WALLSTREETLAW :

They would also have to agree to let you assume the debt

Customer:

oh ok got it

Customer:

ok I think I got what I need, thank you very much

WALLSTREETLAW :

Good luck,

Customer:

thanks

WALLSTREETLAW :

and if you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied please provide us with positive feedback.

Customer:

Well when sending a reply as Kairollc do I need to state anything...the laywer before had started somthing asking them to procedd with their course. I guess what am asking do I need to say anything in the reply?

WALLSTREETLAW :

No, you can just send a general denial to all the allegations in the summons,

WALLSTREETLAW :

so they have the burden to prove the amount lent, and that you are liable.

Customer:

ok thanks

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