Legal Question in Credit and Debt Law in Georgia

in the state of ga. is the spouse response for a personal loan to the husband by a friend when the husband fails to payback the loan. says he has no money wife just received a lot of money for the death of her brother.

Asked on 4/24/13, 2:52 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office
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No.

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4/24/13, 3:19 pm
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Yes and no, depending pn what you are asking.

If the borrower is still alive then borrower's wife is not personally liable for the loan regardless if she hit the lottery or was left a whopping inheritance. Your remedy, if you are the lender, is to talk with many of the fine collection attorneys out there who practice in the county where the borrower lives. Any attorney will want to review the promissory note and make a written demand for payment on the borrower. If the borrower still does not pay, then he can be sued. If the borrower is in Georgia and he works, up to 25% of his disposable pay can be garnished if the lender recovers a judgment.

If the borrower is deceased, then the borrower's wife is not directly liable for the borrower's personal loan debt. Rather, an estate for the borrower would need probated and a demand or claim would be made upon the borrower's estate. If the borrower has enough money/assets in his estate, the loan is repaid out of estate assets. So in that case the borrower's wife or any other beneficiaries/heirs of the estate may be indirectly liable because they must pay lawful estate debts before they can receive any inheritance.

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4/24/13, 6:13 pm

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