Legal Question in Credit and Debt Law in California

Liability

Am I liable for all or half of a debit, if there is another name on the bill and contract?


Asked on 6/11/05, 6:08 am

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Liability

Usually all of it. Then you can recover half from the other person.

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Answered on 6/11/05, 11:49 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Liability

if you both are joint account holders on the debt at issue, you would be both be jointly and severally liable for the debt generally. meaning, the creditor may go after one or both of you for the full amount alleged, not just half from you and half from the other person. then, it would be up to you to get reimbursement from the other debtor at issue here.

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Answered on 6/11/05, 11:27 pm
J. Spikes Property Law Center

Re: Liability

This question cannot be answered fully and accurately without seeing the acutal contract, but more than likely you can be held fully liable for any debt.

There is a standard clause that makes each party to the contract "jointly and severally liable," meaning the creditor can go after either or both of you until the debt is satisfied. However, they cannot collect twice, meaning once someone else has satisifed the obligation, they cannot pursue you for additional monies.

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Answered on 6/11/05, 10:23 am


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