Legal Question in Bankruptcy in Ohio

Co-signed on auto loan filed in Bankrupcy

I co-signed a loan for my husband on an auto loan. My husband filed bankrupcy in 2001 and the car was listed in the bankrupcy and returned.

I was not listed on the bankrupcy.

I have been contacted by a law firm who is trying to collect the debt. They say if I can not buy the settlement amount they have offered of 3000.00 (which I can't) they will take me to court or garnish my wages.

Can they do that?

Is there amount I could pay to them monthly to prevent this from happening?


Asked on 8/26/08, 1:30 pm

1 Answer from Attorneys
Howard Levy Voorhees & Levy LLC

Re: Co-signed on auto loan filed in Bankrupcy

The bankruptcy may have eliminated your husband's liability, but not yours. If you are obligated on the debt as a co-signor, then the creditor can still pursue you for the liability.

Before they can get to your wages, they will need to sue you first in court and get a judgment.

If you have other bills outstanding, you could consider a bankruptcy as well. If you want to make payments on the debt, consider if you can actually pay it, or will the payments go on foreever?

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Answered on 8/27/08, 2:14 pm


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