Legal Question in Credit and Debt Law in California

My wife and I co-signed for our daughter to have a student loan almost eight years ago. Over this time our daughter has continually let the loan go delinquent or is consistently late on the payments. Four years ago our daughter married. My question is. Is the husband now liable for the loan. And if not what action can we take to force her to pay the loan on time'

Thanks You Rick


Asked on 6/30/10, 12:15 pm

1 Answer from Attorneys

She owes you the money under the doctrine of indemnity. It basically imposes something akin to a contract on the debtor to repay someone who is forced to pay the debt for them. There is nothing you can do to force her to pay on time. Your remedies are to take her to court for repayment of whatever you have to pay on her behalf. Her new husband is not liable for the loan per se, but her half of all community assets and income can be attached to satisfy the debt.

Read more
Answered on 6/30/10, 3:31 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California