I just got divorced in WA and a receieved a negative credit alert that two collections were posted to my account. The one I am most concerned with is the one in which she co-signed for someone for a car. Per the legal rules they can go after me if contractual privity exists (which does not because I was not party to the debt) or if the marital community benefited from the debt (in this case, since it was a co-signed loan, there was no benefit to the marital community).
Can someone clarify/support this? I'd appreciate it. Thanks.
I suggest you speak to a local attorney as soon as possible. However, in New Jersey if you are the co-signer on a loan and the other party fails to pay, you are responsible. Bankruptcy is one option. I have attached a link to our guide to Chapter 7 Bankruptcy. If this answer is helpful, please mark it as helpful or best answer. Your feedback is appreciated.
If you found this Answer helpful, please mark it as "Best Answer". Your feedback is greatly appreciated. Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 www.peterlamontesq.com Additional Offices in Massapequa, NY, Monument, CO, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.
Estate Planning Attorney
Check with a local BK attorney as soon as possible. Washington is a community property state, so there could be CP nuances or language in your Marital Settlement Agreement/Divorce Decree that specifically addresses your liability. You should bring a copy of your MSA/DD to the bankruptcy attorney.
Best of luck!