If I co-signed for 2 credit cards, and my co-signer refused to make payments, can Itake them to court?

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If I co-signed for 2 credit cards, and my co-signer refused to make payments, can Itake them to court?

I had co-signed for someone a few years ago; there were 2 credit cards – 1 under mine and 1 under both our names. The 1 with both names was paid off but since the other 1 is only under my name, he quit paying towards it. Is there anything that I can do? I have the proof that he was paying towards the account. I have text messages saved and also from the credit card company people. I now am in collections because of this.

Asked on August 23, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you took out a credit card in your name where you allowed someone to charge on it with the expectation that all charges made by this person on your credit card would be paid by him or her and they have not, you have a basis for bringing an action for breach of contract (oral) or common counts against this person.

Depending upon the amount owed, you might be able to file an action on your own behalf against this person in small claims court. You have the evidence that payments were made on this account by this third person.

You should do the following:

1. write this person requesting confirmation of future payments on this credit card account by him or her. If the answer does not meet you satisfaction, small claims is an option;

2. cancel this credit card immediately so that no future charges by this person can be made on it;

3. cancel the other credit card with your and this third person's names upon it.

Good luck.

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