If I am being suedpersonally for unsecured credit card debt but it is abusiness credit card, cn I file for a motion to dismiss?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.