Legal Question in Banking Law in Pennsylvania
The divorce was final in 2009. C-wife agreed, on record, to pay an easy access loan in a joint checking account, approximately $9000,00. She hasn't been paying, the bank served me with papers to be at a district justice office on May 16. They want me to pay $100.00 a month, or they will put a Lein on my home. Can they do this?
1 Answer from Attorneys
If your name is on the loan, it does not matter what the divorce decree says. You are equally liable with your ex-wife. If she does not pay, the bank can go after you, which it appears that they have done by suing you.
Any judgment by the bank is going to be a lien on any real property that you own regardless of whether you make payments or not. I don't know what all you own or whether its at risk. I suggest that you contact an attorney to guide you through the process. If you do make payment arrangements then you need to get a written agreement in place whereby the bank will not seek to levy on your assets or raid your checking account for so long as you make payments.
I also don't know what assets or resources your ex-wife was awarded. If there was a court order for her to pay, then you might be able to have her found in contempt. But she has to be able to pay or have other assets from which you could be reimbursed.
If you do not have much in terms of assets, then I would suggest putting that money in a safe place (other than a PA bank account) and paying yourself. I would put away much more than $100 a month. When you have about $5000, you might try to see if the bank would accept that as settlement.