My question involves court procedures for the state of: NC. My husband cosigned for equipment for a new business 2 years ago. When the economy went bad so did this company and the owner had to file personal bankrupt. Since it was only filed personal and not over the business the debt for the equipment remains and now my husband is being sued for the cost of the equipment.
Our attoney says we may have a case because of the LACK of commuincation the bank had with us, informing us of the issue. The first letter we ever recieved was this summer, they claim they have sent letters since 08. We haven't moved, we aren't hiding so why didnt we get the letters..? They even produced a copy of a letter mailed to us, however anything we have ever gotten had to be signed for and there is no signuture for this letter or letters in question.
Also the other piece of info that may help the case is the fact there was noone from the bank present to sign and "witness" my husband co-signing. Sure there is my husbands signature, but no "witness".
My husband and I are preparing for the worst and praying for the best. My question is, what do you think are the odds of us having a strong case enough to win?
THank you for your time!

