Liability in Loans? Get Free Legal Advice!

Questioner

A friend of mine is being held liable for a loan that her ex-husband took out for his BV. She was employed there but after they separated from bed and board she was fired. A year later the BV went bankrupt. He immediately went into debt restructuring and the bank has now held her liable for the total loan of €260,000. She has now contacted the bank to request the documents stating that she is liable. The bank's answer was that since she was not a shareholder of the BV she has no right to view any documents whatsoever. How is this possible? And what can she do now?

Lawyer

The question is whether she co-signed (perhaps her ex-husband forged her signature), or whether she is held liable because the husband and wife were married in community of property. If the husband no longer offers any recourse, due to the debt restructuring scheme, the bank could hold the wife liable. If the bank holds her liable, the correspondence will state what the bank bases its liability on. In that case, a direct defence can be raised against that, assuming that there is a defence. If the bank does not give any reasons, respond by stating that the wife has nothing to do with the BV, that the wife has never signed anything, that you have not given your husband permission to burden the estate with such a debt and that the wife is not liable. In that case, the bank will respond. If necessary, go to the legal aid office for a referral to a lawyer or contact the legal expenses insurance (coverage is then necessary). If liability remains, try to make an arrangement with the bank, apply for WSNP if that is not possible. If it turns out that a signature has been forged, report fraud/deception against ex-husband to the police. File a request with the court to terminate the debt settlement scheme prematurely.

Questioner

She had a stroke a year before, which resulted in brain damage. So she doesn't know if she signed anything, which is why I told her to ask the bank why she was being held liable. The bank doesn't want to make a statement about that. This surprised me, but I don't know if this is a normal reaction.

Lawyer

If the man wanted to be malicious, he could have abused the situation to get his wife to sign. I would reject liability, let the bank substantiate its claim of liability. Get a lawyer if your own letter is not effective enough.

Questioner

As you suggested, she forwarded those points and got the documents surprisingly quickly. The great thing is that they are only 1.5 years old. At that time I was already involved in the divorce battle and such. She never signed these documents and I have forwarded this now too. Just waiting for a response. This is the last response: Despite what you have stated, we hold you liable and suggest that you contact a lawyer. who will further inform you on how to proceed in this matter

Lawyer

You message the bank again and state that the loan was taken out by your ex while you were divorced, if that is the case and that you never signed anything and that you deny all liability. if the bank won't listen, i would hire a lawyer. otherwise you will keep receiving letters and the bank will summon you against its better judgment.