As a Co-maker of my previous officemate, can the employer oblige me to pay the loan immediately

troysantos

troysantos

Arresto Menor

Posts : 1
Join date : 11/01/2011

I was a co-maker of a salary loan from an ex officemate. However when she was terminated or forced to resign, our HR is obliging me to pay the loan. Do I have the right to say no? Or if not, could I my own terms and conditions on how to pay tis?

njaniola

njaniola

Arresto Menor

Posts : 11
Join date : 13/10/2010
Location : B o h o l

you don't have a right to say no. being a co-maker, the creditor has the discretion to collect either to you or to the principal debtor (your ex-office mate). This is so because, under the law, the liability of the co-maker is in solidum (solidary liable) with the principal debtor. Never you can pay/settle it with your own terms and conditions unilaterally, that is, without the consent of the creditor, because, by having consented as the co-maker, you were bound to the terms and conditions as what the principal debtor is bound.

attyLLL

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

troy, first look at the loan agreement and see what were the terms given to the principal and whether there is a valid escalation clause which makes you immediately liable for the whole amount.

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As a Co-maker of my previous officemate, can the employer oblige me to pay the loan immediately

1 As a Co-maker of my previous officemate, can the employer oblige me to pay the loan immediately Tue Jan 11, 2011 3:06 am

troysantos

2 Re: As a Co-maker of my previous officemate, can the employer oblige me to pay the loan immediately Tue Jan 11, 2011 4:23 pm

njaniola

3 Re: As a Co-maker of my previous officemate, can the employer oblige me to pay the loan immediately Wed Jan 12, 2011 12:24 am

attyLLL

4 Re: As a Co-maker of my previous officemate, can the employer oblige me to pay the loan immediately

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