What to do regarding an ex-boyfriend who defaulted on student loans that I co-signed for?

I know I can’t get out of it with the lender but I can sue him personally? If that is the case, what type of attorney should I seek out? Also, this occurred all transpired in a stae in which I no longer live. Should I find an attorney there or does it really matter?

Asked on September 5, 2012 under Bankruptcy Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You cannot escape your obligation to pay the loans, unless the lender chooses voluntarily to release you--and there is no reason for it to that, since all it would do is reduce its own chance of being paid. You can however sue your ex-boyfriend to recover the money you have to pay out on his behalf. You should be able to sue him in your current state's courts--they should have jurisdiction, since the injury is being done to one of that state's residents. You would definitely be able to sue him in whatever state he lives in, since those courts would have jurisdiction over him.


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