How can I prove that I co-signed a loan for an abusive ex under duress?

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How can I prove that I co-signed a loan for an abusive ex under duress?

My ex had drug and alcohol problems and had been verbally and emotionally abusive to me for years. I have a copy of one police report involving a dispute between the two of us but I was always too scared to call after that. I did keep a log of threats he made to me and instances in which he was physically violent. Could this be enough to prove that I felt I had no choice but to sign for this loan?

Asked on May 15, 2012 under Bankruptcy Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically it is difficult to prove if one co-signed a loan under duress where the loan has been signed long ago and the person wanting to get out of the obligation is now claiming duress when the document was signed.

The best way is to demonstrate the facts and circumstances as to how the subject loan was signed by you and the abuse that had been going on before, during and after the signing. You have the burden of proving the duress. My experience is that the chances of proving such will be difficult for you.


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