Legal Question in Civil Litigation in Washington

Paid My Part of A Debt

I signed a notorized agreement with my girlfriend at the time. We both signed it but did not specify how much each person would pay. The debt was for $2,300 and I paied my portion, $1,600. Could the lender still sue me for the rest of the debt, even though I paid more than half of it?


Asked on 7/28/06, 8:01 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Paid My Part of A Debt

Well the question is whether joint and several liability is what the lender had in mind. "Joint and several" means the lender can go after either or both of you for the $.

If that were to happen - if you were to be sued on the debt by the lender, your recourse would be to implead her as another party defendant. In other words, you turn around to the Plaintiff and say, "the person you really want is her" and say to her, "I have paid my part, now it is your turn".

Worst case is the lender sues you and wins, so you file suit against her to recoup your costs.

There are all sorts of other issues I have not begun to sort out here. That's the very basic analysis, but please do not consider this legal advice. I haven't seen the contract. I don't know anything about your situation other than the question you posed. If you are still concerned, go get a consult with a lawyer, and don't misconstrue this as the final word on the subject.

And just to dispel rumors - the fact that the document is notarized is truly irrelevant to the question of whether it is enforceable. You signed it. That's what matters.

Powell

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Answered on 7/29/06, 11:14 am


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