If I am being suedpersonally for unsecured credit card debt but it is abusiness credit card, cn I file for a motion to dismiss?

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If I am being suedpersonally for unsecured credit card debt but it is abusiness credit card, cn I file for a motion to dismiss?

Asked on September 23, 2010 under Bankruptcy Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In whose name is the credit card? Who signed the credit card agreement? To whom is the bill sent, and whose name is on the invoice? Many "business" credit cards--possibly most--are actually personal cards in the sense that the employee receiving it is obligated to pay; it's simply that the e employee may then have a cause of action vs. the business if the business does not reimburse for legitimate business expenses.

So if the bill goes to you; if you name is on the bill; if the account is in your name; etc., then whether or not it is a "business" card you would be personally obligated and a motion to dismiss would be unavailing. Check all the paperwork, agreements, etc. to see whether this is the case.


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