Can a co-signer who was 17 when the account was opened be liable for my debt after a bankruptcy?

Chicago, IL Viewed 65 times. Posted about 1 month ago in Bankruptcy / Debt

Hi, I recently filed for bankruptcy and included a credit card debt from Capital One. I opened this account in Oct 2004 with my brother on the account. I was 19, he was 17 years old. I cannot remember if he was an authorized user or co-applicant but was sure he was a authorized user because he was only 17 and cannot legally be responsible for this debt, correct? Anyways, he is saying that Capital One recently suspended his own account that he has in good standing as a result of my bankruptcy. Is this legal? Also, he cannot be held liable for this account if he was 17 when it was opened, and he was added at the time he was 17. I just couldnt remember if he was put on as an auth user or coap. Should I call them and exlain this to them? Do I have any reason to believe they would go after him

Answers (2)

Theodore Lyons Araujo

This attorney is licensed in Massachusetts and 2 other states. Posted about 1 month ago.

It depends on the State and the relationship. In most States an individual is not competent (i.e. legally able) to enter into a binding contract. You must determine the age of compentency in the State where you signed the contract. Most of the time a co-user is liable for the entire amount of the card, so it does not matter (in most instances0 if the person is the original signatory or an additional user.

The answer may also change (depending on the State) based on the nature of the relationship. Married copules in many States are consider the gaurantor of certian types of debt for their spouse, such as medical debt, even if they did not sign a contract.

Have a lawyer write them a letter and they may leave you alone...If they sue you use the free Answer on my website. Good Luck.

Laura Mcfarland-Taylor

This attorney is licensed in Illinois. Posted about 1 month ago.

If he was under the age of 18 at the time the contract was entered then no, he is not legally responsible for the debt. However, Capital One has every right to cancel his credit card for any reason or no reason.

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