Legal Question in Credit and Debt Law in New York

credit card debt

My husband was the main signer on a credit card. I was the cosigner. He died in 2001, am I responsible for repayment of this credit card debt.?


Asked on 7/24/08, 12:03 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: credit card debt

If his last charge was in 2001, the period to commence an action - 6 years - expired. Therefore, I would think that you would not be responsible for payment of his charges.

Mike.

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Answered on 7/24/08, 3:18 pm

Re: credit card debt

Sorry for the previous inadequate answer found herein; my answer is different.

As a co-signer for a credit card, you guarantee the debt. And, you have the right to continue charges upon the card. You essentially have guaranteed the debt. I believe that even if you did not make new charges but made payments, you have "refreshed" the debt.

Consequently you may be liable upon the balance.

Credit card companies like to say that you a co-signer as opposed to merely an 'authorized user'; the latter designation means that it is not necessarily your debt, but that the owner of the debt has allowed you to use the revolving credit.

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Answered on 7/24/08, 6:15 pm


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