Legal Question in Credit and Debt Law in Pennsylvania
Judgements
My Ex-husband and I had borrowed some money from a friend, after separating in 1992 my ex said that he was going to repay this debt. Well I come to find out just recently that this friend had put a judgement against my ex and me in 1994. Well I would like to pay this and have it taken off of my credit report, but my question is since it is a ''joint Judgement'' shouldn't my ex-husband be responsible for half of the remaining balance or if I do pay this in full is there any way I can put a judgement against my ex for half of the balance?
1 Answer from Attorneys
Re: Judgements
When judgments are entered against more than one person, the debt is known as joint and several. That means that each person is wholly responsible for the whole debt, but the creditor cannot recover more than once. Thus, it is possible, and common, that only one party is made to pay, the one with the ability to pay.
You may not be able to sue your ex-husband for several reasons. If there was a property settlement agreement which dealt with this debt and made you obligated for it, you cannot proceed against him. Also, there is a four year statute of limitations for breach of contract. You may be outside of that time. Finally, you may have been required to bring such an action in the same case, rather than later in a separate matter.
Of course, you may not have to pay it at all, if you have other debts. Rather there may be other options which would benefit you more. I suggest you speak with an attorney before paying this debt to discuss all your options.
Feel free to call or e-mail for a free initial consult.
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