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Courtgonzo

Junior Member
What is the name of your state (only U.S. law)?
Alaska

My husband and I loaned 20k to a friend for a lawyer. My husband, him, his wife, and I all signed a typed up paper saying that he would pay back at least $100 per month until it’s payed off. It wasn’t notarized, but we all signed it together. (He was and E-5 in the army, and my husband was an E-4 at the time. I’ve heard it is illegal for him to ask for money as well?) He since went to jail, and his wife is ignoring my calls and messages. They have yet to make a payment. This was in Washington state. His wife is still in Washington and I’ve heard they’re splitting up. He is in Leavenworth. We’ve since moved to Alaska. This was all in June 2016. What can I do?
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)?
Alaska

My husband and I loaned 20k to a friend for a lawyer. My husband, him, his wife, and I all signed a typed up paper saying that he would pay back at least $100 per month until it’s payed off. It wasn’t notarized, but we all signed it together. (He was and E-5 in the army, and my husband was an E-4 at the time. I’ve heard it is illegal for him to ask for money as well?) He since went to jail, and his wife is ignoring my calls and messages. They have yet to make a payment. This was in Washington state. His wife is still in Washington and I’ve heard they’re splitting up. He is in Leavenworth. We’ve since moved to Alaska. This was all in June 2016. What can I do?
If he is in Leavenworth, he is not earning any money to use to pay anyone. If he and his wife are splitting up, she is not going to want to be responsible for that debt (and does she have the earning capacity to service the debt?). All in all, I think that you have a bad situation going on.

Since she signed off on the debt you might be able to get a judgment against her, but that isn't necessarily going to help you collect from her.
 

HRZ

Senior Member
Laymans view. : Washington is a community property state and it is very likely she is liable as well to pay as required ....but you have horrendous practical problems to squeeze blood out of stone PLUS the stone squeezing must start in the WA courts or more likely, where the defendant resides . .

IN the past I have done the drill to secure judgement and then successfully collected later even out of state, but I needed to start in the state and where the debt began, probably where the potential defendant now is a resident ...and to be honest...most of my judgements went into trash can .

You might seek input from counsel doing debt collection work in the area where wife resides....but anticipate some hefty upfront costs to actually move the ball forward ...and if you must appear in person in WA, that's a cost most unlikely to be added to judgement . And a judgement is merely a license to chase money...zero assurances of getting any.

IF and that's a big IF the wife has significant assets you might be able to scare her into partial resolution of the community debt.
 

xylene

Senior Member
I'd approach her with an offer to settle for 5000. Half of her half. Get some loan company phone number handy and with the offer. Be really pushy. Guilt trip her butt off about her trashy jailbird husband and all his done to your family. You can do it.
 

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