Legal Question in Business Law in Massachusetts

My ex husband owns a business that I worked at. I was only an employee, not an officer or owner. I left the company in 2007. In April of this year I received a call from the bank the company uses, stating the company had defaulted on a credit card/line, and that I had personally guaranted it and I was liable. I have requested in writing 37 times for proof of my signature signing up for this account, they state they do not have it. They have now put this account on my credit report. They also have told me it is my account only, and no one else is liable, but allowed my ex husband to close the account and set up a 60 month payment program. This does not show on his credit report. The bank has stated I approved this 60 month payment program, - I did not, again they have no proof. Help??


Asked on 12/22/09, 7:07 pm

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

You should not have liability for your ex-husband's business loan, unless you signed a personal guarantee, or unless other specific conditions exist. You may want an attorney's assistance in clearing this up. Please feel free to call. 617-357-4898.

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Answered on 12/27/09, 7:18 pm
Warren Wood Law Offices of Warren Wood

You have very specific legal rights to be provided with the underlying documentation (even the documents bearing your signature) upon making a written demand of proof. The banks failure to provide you this proof within a statutory mandated time along with their placing negative entries in your credit profile may be in violation of federal and state law. You will probably benefit from a consumer lawyer's assistance in this matter.

This Office handles certain of these matters for wronged consumers at no attorneys charge. We are only compensated if we prevail on your behalf. Please feel free to explore your rights further by contacting us at 877-292-1177 or 508-265-1092.

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Answered on 12/27/09, 7:27 pm


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