Small claims question - co-signer of loan

[floridagirl0818]

What is the name of your state? Florida

I co-signed a student loan (not federally backed) for my then-husband in 1998. We divorced in 2002 and in our court ordered divorce decree, he took on the liability for paying this particular student loan. He paid on the loan until 2005. I got a call 8/23/07 from a collection agency saying they spoke to his now wife and she said he couldn't pay it, so the collection agency is looking for me to pay for the loan since I co-signed.

If I in fact pay this debt in order to preserve my credit (which I have been buidling for the last five years), will I be able to take him to small claims court since he was ordered responsible for the debt in our divorce?

If I don't pay it and wait to be taken to court and end up having to pay, can I still take him to small claims court after that?

Can I file a contempt of court charge now just to alert him that he is responsible?

I have not talked to him on over five years.

Thanks in advance for any help!What is the name of your state?

 

[moburkes]

Yes, or file a contempt of court claim in family court.

 

[floridagirl0818]

thank-you

Can I file the contempt of court charge before deciding to pay the debt?

Can the bank take just me to court even though I was a co-signer?

Thanks again for any help.

 

[SHORTY LONG]

Spelling error; Sorry!

What is the name of your state? Florida

in our court ordered divorce decree, he took on the liability for paying this particular student loan. He paid on the loan until 2005. I got a call 8/23/07 from a collection agency saying they spoke to his now wife and she said he couldn't pay it, so the collection agency is looking for me to pay for the loan since I co-signed.

Moburkes answered your questions: "Yes, or file a contempt of court claim in family court."

Yes you can be taken to Court, after all, you cosigned!