Is my brother responsible for line of crediton my house thatItook out on his behalf?

UPDATED: Oct 2, 2010

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Is my brother responsible for line of crediton my house thatItook out on his behalf?

I took out a line of credit on the equity in my house for my brother. Now he will not speak to me about this situation. I also worked for him for 11 years; he fired me last year for no real reason. I need to go about this the legal way but I have no idea what type of lawyer I am looking for? And how do I handle this situation? I have tried numerous times to contact him but he just ignores me. I have no job and I am finding it difficult to pay my bills. My brother owns 2 businesses. Is it possible to put a lien on his business?

Asked on October 2, 2010 under Bankruptcy Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) As to your brother's firing you--unless you had an employment contract or agreement of some kind, your brother *can* fire you. Employment is employment at will in the absence of a contract.

2) Credit line--if you loaned him money pursuant to an agreement (hopefully a written one; it can be difficult to prove the existence or terms of an oral agreement) and he has not repaid it according to the terms of the agreement, you could sue him to enforce it. Note that if he has not violated any agreement (e.g. he hasn't actually borrowed anything, or has repaid what's been borrowed, or borrowed but is not yet late or in arrears on paying it, etc.) there is probably no cause of action.

3) If you sue your brother and win, you will have various collections options if he doesn't pay. But first you'd need to sue and win, to establish a legal right to payment.

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 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.

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