As a co-signer, canI sue the primary borrower of a school loan?

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As a co-signer, canI sue the primary borrower of a school loan?

I’ve co-signed a loan for my cousin. He refuses to pay for it or get it consolidated. Am I able to take him to court and try to make him pay for his loan or get it consolidated? Even sue maybe?

Asked on January 10, 2011 under Bankruptcy Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are in a position that many do gooders are in these days.  Helping out a friend or family member only to be left holding the bag in the end.  Are you making payments?  Once you do you can indeed sue your cousin for the payments made.  You may, though, have to do it monthly or every time you make a payment (the debt is not "due and owing" until such time as it has been paid).  If you want to pay off the entire loan then you can sue for the entire amount.  This is not the easiest situation to be in and I am sure that it will strain family relations as well.  Good luck to you.


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