Legal Question in Credit and Debt Law in Georgia

My spouse was the Pastor of a baptist church in 2009. During that time the church obtained a printer lease that he, the church secretary and the deacon chairman had to sign for. In 2010 my husband left the church and the church continued to make payments, but in 2012, they stop paying. Today, Feb 9, 2014, my husband is now being sued by a collection company to pay the remaining balance of the printer plus attorney fees. The church still has the printer, and we was told tried to make a payment arrangement with the company, they even sent a $10k check in 2011. So Can my husband be sued, seems the company need to sue the church.


Asked on 2/09/14, 5:43 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

If your husband signed a contract to be liable for the debt (and we don't have it), of course they can sue him. That is the very reason the lender or seller asked him to sign and that is the very risk he willingly accepted. Otherwise, contracts would be meaningless. Since he is being sued and we don't know what he actually signed, he needs to see a lawyer.

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Answered on 2/09/14, 5:49 pm

What you don't relate is in what capacity did your husband sign the contract? As an officer of the church? Or in his individual capacity? And is the church even incorporated?

If your husband signed the contract in his individual capacity, then he is personally liable and he could be sued. If he signed in his corporate capacity, the lawsuit should be against the church.

What the heck kind of a whiz bang printer was this that the printer was not paid for in 2 years??? Is it gold-plated or something?

If I were your husband, when he receives the complaint he needs to go and see an attorney immediately. Pay the attorney to review the lawsuit as well as the contract. Your husband possibly may be able to assert what are called cross-claims against the church if the church should be liable here. However, your husband will not be able to raise these issues if he does not file an answer so he needs to see a lawyer NOW.

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Answered on 2/10/14, 12:13 am


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