Can my father sue if he co-signed on a loan but the primary signer fled the country and has not made any payments?

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Can my father sue if he co-signed on a loan but the primary signer fled the country and has not made any payments?

My father co-signed a student loan for one of my sister’s friends. That person has never payed any money towards the loan and has fled the country. They may or may not have the money to pay back the loan but we cannot find this person. Do I have any legal recourse to sue her for the money or to get my dad’s name off the loan?

Asked on March 29, 2012 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your father co-signed for a loan for a third party who was primarily responsible for the loan and your father ends up paying off this person's obligation, your father under the law has a legal and factual basis for bringing an action against this person for what he paid out and all accrued interest.

I suggest that he consult with an attorney experienced in contract law. Unfortunately, your father will not be able to have his name removed as a co-signer until the loan is paid in full.


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