Can judgement go after my wife if she owns a solepropr. comp. that i signed a contract behind her back using my social# not her?

Asked almost 4 years ago - Tyler, TX

My wife and I have never had a single joint account or credit card. I signed for a AT&t Advertising contract with my social# and signature claiming i was owner, but she is the sole owner of the sole proprietor company and did not know i did that until now. We are divorcing no contest finalizing in 2 months. If they were to levy bank accounts can they touch hers even if they only know my social# only and she never signed anything, and i have no access to her accounts in anyway. But she does own the company and I dont, but i signed the contract without her consent and stating i was the owner but i'm not.

Attorney answers (3)

  1. Carolyn F. Horton Mcdaniel

    Contributor Level 13

    Answered . Your situation sounds very complicated. You realy need to consult with an attorney and go over all of the details. I would suggest that if you have a divorce attorney you consult with them. If she is unaware of the problem and you fail to disclose it, there could be serious fianacial complications for you and of course her.
    Be prepared to give the attorney a copy of the document you signed.

  2. Brian W. Erikson

    Pro

    Contributor Level 18

    Answered . If you appeared to have the authority to bind your wife's company, the vendor can probably hold your wife responsible for your contract, under the doctrine of apparent authority. Otherwise, people would all the time claim that some unauthorized person signed a contract that they don't want to pay.

    A creditor cannot usually secure a levy (either a garnishment or sequestration) against a bank account without first having a judgment. If the creditor in this situation has no information about your wife's accounts, the creditor probably will not try to seize them without first obtaining a judgment.

    I suggest that you approach the creditor and bare your soul, and indicate that your soon to be ex-wife was not responsible for the contract or the debt and that you are. You may be able to negotiate a reasonable result with perhaps a termination of the contract and a payment plan. Otherwise, the creditor may file suit and the cost of lawyers will make the matter much more expensive.

  3. Christopher William Peterson

    Contributor Level 14

    Answered . Since you had apparent authority to execute the contract and since her business is receiving the benefit of the contract, the creditor will probably prevail. If a judgment is taken against her and her company, they will be able to go after assets like bank accounts to satisfy the judgment. Your best bet is to hire a lawyer to work out a deal with the company and informing them of the fraud. They will probably settle for less than the full value of the contract.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,272 answers this week

2,999 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,272 answers this week

2,999 attorneys answering