Q: Can I be sued along with the corporation?
I was just served papers from a cash advance creditor on a business loan taken out on 3/2015 in mine and my husband's name. I was removed from the business in 10/2015 and we are divorcing on 4/5/2017 - uncontested (he gets the business and I get the house). Can I be sued along with the business? It is a corporation in FL and my soon to be ex is the owner. He will be served individually as well as for the business.
A:
Typically the only way that you can be sued on a business debt is if you were a personal guarantor on the loan originally. If you did not ever personally guarantee the loan, then you need to seek an attorney to respond to the lawsuit. If you did sign the personal guarantee, then it appears that you are a proper party to the lawsuit.
Just FYI - The divorce court does not have the power to take your name off the loan paperwork. Also the fact that you have been out of the business since 10/2015 also will not take your name off of the loan. You may need to seek to have your ex-husband seek to refinance the business loan and have your name removed.
Jonathan R. Roth agrees with this answer
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