Can I sue my son for defaulting on a student loan that I co-singed on ?

What legal options do I have since my son refuses to pay his student loan that I was a co-signer on?

Asked on March 23, 2012 under Bankruptcy Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you may sue him. You may potentially sue him as a party to the loan agreement (which is a contract); possible for unjust enrichment (keepinig the loan proceeds without paying for them); and possibly for  promissory estoppel (if he represented to you he'd pay, which is why you co-signed, all the while knowing he probably would not). You should speak with an attorney to discuss the matter and your recourse in detail. Good luck.


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