Joint and several liability for a loan?

Questioner

In 2006, my ex-partner and I took out a revolving credit of €50,000.00, for which we are both jointly and severally liable. We have been separated since 2011. We were not married and had no cohabitation contract or anything like that. I did buy an apartment, which I continued to live in and paid all the costs for. At the time we split up, the apartment was 'underwater'. We had a joint account where all expenses were debited, I transferred the amount for all expenses to that account. My ex would then ultimately only transfer the €250 for the loan repayment. I've had to ask about that several times almost every month. In 2018 the apartment was sold and the profit was divided. The joint account remained in place for the repayment of the loan. The repayment is €500.00 per month and we would each transfer €250.00 per month to the account. In 2020 my ex's payments stopped, it was not possible for him to pay according to him. The account went into the red and the bank announced that it would settle this overdraft. Despite many attempts to indicate that he (ex) should fulfill his obligations and pay his share, he has not done so. I also indicated that I would close the joint account if the overdraft was debited from my account. No action was taken there either. Unfortunately, an amount of approximately €1,700.00 was debited from my savings account. I cancelled the joint account and had the loan repayment debited from my account. From that moment on he could transfer the €250.00 to my account or directly to the Interbank. For me, a joint account with my ex was no longer desirable at all. He disagreed and had no intention of transferring any repayment to my account. But nothing further has been done to provide any kind of solution. More than 2 years later, I have paid off €9,750.00 for him, as I still pay €500.00 every month. Every month he receives an email with the arrears and never receives a response. The term of the loan is still 31 months, the interest rate has risen again in the meantime. This burden is heavy and very unjust. I could reduce the monthly payment, but that would cost me a few extra years of repayments. And from what I understand, I am only entitled to the right of recourse after the loan has been paid off, but I don't want to wait that long. I want the loan to be split and I want my overpaid money back. I don't have money for expensive legal fees. I tried to summarize everything as best as possible, hopefully this is clear enough. Is it possible to hire a debt collection agency? What is your advice in this?

Lawyer

It is an unfortunate situation that you are in and it is understandable that you want justice to be done. Based on what you have shared, it is important to understand that if you and your ex-partner have taken out a loan together, you are both jointly and severally liable. This means that the lender can claim the entire debt from either debtor, regardless of who is actually supposed to pay. In the event that one of the partners fails to meet his or her obligations (as appears to have happened in your situation), the other partner may still owe the full amount to the lender. However, the paying partner may have a right of recourse against the other partner in such situations. This means that you can claim back from him or her the amount that you paid on behalf of your ex-partner. I would advise you to seek legal advice about your situation. There are various ways to do this without immediately incurring high costs. For example, you can initially go to the Legal Desk, where they can advise you for free or for a small fee. There are also often social law firms that work on a 'no cure, no pay' basis. Hiring a debt collection agency to recover the amounts owed by your ex-partner may be an option. However, it is crucial that you have your situation carefully assessed by a lawyer or attorney before taking this step. This will help you to get a more complete picture of the possible consequences and risks. Please note: this response is not legal advice. It is always advisable to seek specific legal advice from a lawyer or legal professional given the complex nature of this matter. I hope this information gives you a starting point for the next steps.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above message is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Questioner

How can I respond directly (not public) And I would like to adjust my posted question a little bit to make it less recognizable.