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I recently met with a husband and wife. The wife had filed for bankruptcy in the past and was now being told that she had co-signed on one of her husband’s debts. He knew the debt was in his name only. They both questioned whether or not she had co-signed for it. They went to the lending institution and asked for proof that her signature was on the contract accepting responsibility. In the meantime she has been receiving numerous phone calls from creditor each day for payment. The lending institution sent them a statement that just showed her name as owing the debt but no proof as to whether or not she had actually signed the contract.

The couple has been back and forth with this creditor asking to see her actual signature that she co-signed for the debt with her spouse. Finally after weeks of getting the run around, she came back in to see me and stated she just wanted to file bankruptcy again to get the phone calls from this creditor to stop. I explained to her that the creditor has an obligation under the Canadian debt protection laws to prove she signed for the debt. Until they do so, she may not want to make any arrangements to pay this debt.

The moral of the story is to try and do what’s in the best interest of the person in front of you while protecting their rights as well.

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