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Co-Signer

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DeeC

Guest
What is the name of your state? AL

When I was married, I co-signed for a car for my husband. The car was volunteerily repossesed. Before the car was considered reposessed, my husband and I became separated in which he signed separation papers stating that he would be fully responsible for this vehicle and loan. I forwarded these papers to the loan company and they TOLD me that they would only consult my husband from then on. Now, I am divorced and again in the divorce papers the statement is re-stated. It has been 18 months and the loan company's lawyer contacted me for payment of this loan as the co-signer. I forwarded them a copy of my separation papers as well as my divorce papers. They wrote me and said that I am still responsible as co-signer and that I will need to start making the payments since they cannot locate my ex-husband. Is this true? Do I have any rights? What must I do?
 


I AM ALWAYS LIABLE

Senior Member
DeeC said:
What is the name of your state? AL

When I was married, I co-signed for a car for my husband. The car was volunteerily repossesed. Before the car was considered reposessed, my husband and I became separated in which he signed separation papers stating that he would be fully responsible for this vehicle and loan. I forwarded these papers to the loan company and they TOLD me that they would only consult my husband from then on. Now, I am divorced and again in the divorce papers the statement is re-stated. It has been 18 months and the loan company's lawyer contacted me for payment of this loan as the co-signer. I forwarded them a copy of my separation papers as well as my divorce papers. They wrote me and said that I am still responsible as co-signer and that I will need to start making the payments since they cannot locate my ex-husband. Is this true? Do I have any rights? What must I do?

My response:

Yes, it's true. Your divorce papers have nothing to do with the loan company. They were not a party to your divorce. They are looking at a contract with your signature on it, and what you do in your personal life is none of their concern. You have the right to pay on the contract as per your signature.

Why do people always think that their divorce papers have anything to do with "third party" contracts? It's amazing.

IAAL
 

Ladynred

Senior Member
Probably because most people don't understand that Divorce Laws, and any of the settlements and agreements made in divorce court, are not all-encompassing. To most people, when the judge says 'ok, your now-ex-husband has to pay all the debts', they think that is all there is to it, a JUDGE said so !

No one tells you that things like credit contracts and banks don't give a damn WHAT the divorce court judge said you do or do not have to pay.

I know, I know.. ignorance of the law is not a defense.. but to some degree, EVERYONE is ignorant of the laws, either state or federal and that INCLUDES lawyers. Lawyers are specifically educated, but no one attorney can be a specialist in every field of law.

We have no system in this country to educate people of the laws. Other than generalities and traffic laws, MOST people don't have a clue until they get thrown into court for something.
 

JETX

Senior Member
"We have no system in this country to educate people of the laws."
Yes we do.... it is called FreeAdvice.com!!
 

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