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To make a story short, I am on the receiving end of some…

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Hello. To make a long...
Hello. To make a long story short, I am on the receiving end of some deceptive credit application practices. I am now under wage garnishment threats by a legal firm for a credit card that went into default that I co-signed for under false premises.
Submitted: 3 months ago.Category: Legal
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1/2/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,230
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Care to explain how you ended up co-signing the debt? Please explain.

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Customer reply replied 3 months ago
I visited a Kay Jewlers with my father in New York. The salesperson has him apply for credit and he was approved for a relatively low amount, not enough for the purchase he was attempting to make (an engagement ring). The salesman said “let’s see what you can get”, and never used the word co-sign. He ran my credit and it boosted the approval up to $6000. At the time I was 18/19, and unfamiliar with the process. I would not have co-signed had he used those words. Shortly thereafter, maybe a few months, my dad lost his job and defaulted. Since then there has been a judgement, roughly in 2011. There is now a legal fork threatening wage garnishment.
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

Unfortunately, you have a problem. You are arguing that you did not know about co-signing, yet you cosigned even though he never used that word, but you cannot use the defense of "ignorance" of the laws as a defense to the debt. If you did sign, even though you did not understand what was done here, I am afraid under the laws you are liable and you are jointly liable with your dad. Your dad would be liable to you if you chose to sue him for reimbursement, but most people would not do something like that. I am afraid that you can negotiate the debt with the collection agency, but legally if they have a judgment they will be able to pursue you and you claiming that you did not understand what was going on is not going to excuse you from the debt itself.

If they never obtained your signature on any documents, then you can fight them, but that means suing in court to vacate the judgment against you based on you not signing anything, but if they do have your signature, I am afraid the debt is going to be difficult for you to fight them over.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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