Imade a loan to a couple who is separated, if thehusband asked for loan but the check was made out to wife who cashed I who should I sue for the loan?

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Imade a loan to a couple who is separated, if thehusband asked for loan but the check was made out to wife who cashed I who should I sue for the loan?

Asked on October 17, 2011 under Bankruptcy Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do you have a written agreement concerning the terms of the loan that you made to the separated couple signed by one of both of them such as a promissory note? If so, then those people who signed the document would be the ones who you would sue for the unpaid loan.

Since the wife cashed the check for the laon, presumably she endorsed the back of the check you issed. If so, she obviously is the primary person obligated on the loan. However, if you have an oral agreement by both the husband and the wife to have made the loan to them while they were both living together and you made the loan based upon their requests, then you have a basis for suing both of them.

Good luck.


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