Legal Question in Credit and Debt Law in Illinois

Cancellation of Debt by creditor

Can a wife be sued in small claims court, if the husband recieved a Cancellation of Debt in the amount of the balance due from a loan instution, at all or for the amount of the cancellation or more than the cancellation? I was told that a Cancellation of Debt doesn't mean anything by the loan instutions attorney....


Asked on 3/12/02, 5:38 pm

1 Answer from Attorneys
Bruce Buckrop Bruce Buckrop

Re: Cancellation of Debt by creditor

SPOUSES are only responsible for each others debts that are in the nature of "food,clothing,shelter,medical needs", common loans do not fit those categories. So unless she signed the loan papers, she has a defense to a judgement.

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Answered on 3/12/02, 6:37 pm


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