Jamaica, NY asked in Bankruptcy, Divorce, Civil Rights and Collections for New York

Q: Being threatened for cosigned student loans even though in my divorce paperwork it states I'm no longer responsible.

The loan providers say I'm responsible and it doesn't matter what my divorce papers say. Is this true I will need to civil sue the loan holder I co-signed for?

3 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You are still liable directly to the loan provider, bc the loan provider was not a party to your settlement agreement with your spouse. If your spouse is not paying the loan, you should make a motion in your divorce case to hold your spouse in contempt for not paying as agreed and ask the court to enforce your settlement agreement.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: The loan provider is not bound by your agreement as they are not a party to the divorce. If they sue you, you can in turn sue your ex for the money.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Criminal Law Lawyer
  • Commack, NY
  • Licensed in New York

A: The lender is correct. as far as they are concerned you are equally responsible. They are not a party to the divorce. If your spouse agreed to be responsible and isn't, then you can file an Order To Show Cause in the Divorce Action. Speak to a Divorce lawyer.

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