Legal Question in Credit and Debt Law in Indiana

I was engaged to get married to my ex-girlfriend/ ex-fiance, two years ago when we broke up. I had co-signed (because I thought we were going to be married) for her student loans, and now I'm getting letters from the debt company that she has not been paying her student loans, and that I am now responsible. We broke up two years ago! I have tried to call her to tell her to pay her debts, but she refuses, and tells me that she's not going to, and that I have to do it. Is there any recourse I can take?

Asked on 10/13/09, 8:04 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

As far as your obligation to repay the student loans that you co-signed, I doubt if you have any legal recourse. The loan company is entitled to go after either one or both of the co-signers, and your mistake concerning the nature of the relationship is irrelevant to the loan company. You do have a valid claim against your ex-fiance for contribution. I hope for your sake the amount involved is less than the small claims court jurisdictional limit, so you can file a claim for relief yourself. But if you do that, she will be able to bring forward all the good things she did for you, that it was actually a partnership which you abused. Maybe the best you can do is imagine how happy you are that you never actually married this person. Good luck.

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Answered on 10/14/09, 8:30 am

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