Can I get a court order to make the person whose loan I co-signed on pay since they now have a job?

UPDATED: Sep 15, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 15, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I get a court order to make the person whose loan I co-signed on pay since they now have a job?

I co-signed for a friend’s education loan when she asked me to 4 years ago;  I did so after hearing her hard luck story. After completing her career development course, she began making the initial payments to Sallie Mae when they were $10. Once the payments went up to $243 she didn’t make them and didn’t call to let me know. I received calls from the collections dept just before the delinquency was to be reported to the credit bureau. I made the payments and have records of the payments on credir card statements. her monthly payment is $73 and refuses to pay even though she has a job and can afford.

Asked on September 15, 2011 under Bankruptcy Law, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you co-signed a friend's educational loan where in the end you ended up making payments on the loan so as to not have your credit adversely affected where you have not been repaid what you expended, you should do the following:

1. write you friend a demand letter requsting monthly installment payments from her for what you expended with acccrued interest with a requested response by a certain date;

2. if you do not receive a satisfactory response from her, your option is to file a legal action against her for breach of contract and common counts seeking the money you expended on her behalf and accrued interest on this amount as your damages.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption