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 Do You Want To Give Me Money??
LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL......


 POLL:Do you believe that couples should keep separate bank accounts ? Who controls the money?
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Carol
My friend signed a loan for his ex and now she is defaulting on the loan and he is having to pay?
how can we go about suing her do we need a lawyer or can small claims handle it?

Thanks for the advise
                     
 




Landlord
She can not be sued for this.

Your friend agreed, in writing, to pay her loan if she did not. You can not sue for doing something you agreed in advance to do.


Steph
You can't sue. When someone co-signs a loan they are legally agreeing to take up the debt if the signer defaults.


Slumber Parties by Sheila
if he signed the loan, it's probably because she could not get it on her own. He signed, my guess is that the bank will go after him. I' afraid there's not much that can be done

Sheila (your love life paramedic)
www.slumberpartiesbysheila.com


Sam
There is actually very little he is able to do, since he signed the loan he then becomes responsible if anything happens. If the car is in her name there is a possibility that he would be able to file litigation but normally the signer of the loan assumes liability.


Jasmine J
Rating
Under 5000 small claims in most courts. Over 5000 regular court. If it is over $20,000 you can get a lawyer. Otherwise check out a book in the library.

I told a lot of women I council. Unless you are married to them, do not stick your neck out for these things. This is exactly why!


katrina t
Contact a lawyer. The first consultation is always free unless they have gotten greedier oever the years LOL. If his name is on that loan, by law he is required to pay. Call around and see what options you have. Good Luck.......


kimba
Rating
if he has signed on as a second applicant or a guarantor then yes, he is liable and they will take him to court if he does not pay, this will also effect his credit rating.


Becky M
Rating
Did he get something in writing stating she would pay the loan? I had a similar problem and was told if we didnt have an agreement, it would be very hard to claim. We didnt, but luckily, he paid up in the end.

Good luck.


And my golden rule - just dont do it!!!!


cambriagurl
Rating
You can handle it in small claims Some Judge's understand these situations. It's better for your friend if they we're just co-signing it. If it's just in their name and there is no proof that the other party was suppose to make the payments it's almost a loosing battle.


Ken
Rating
Small claims court is okay as long as the amount is not more than the limit in your state. However, you'd better have some evidence that she intended to pay it herself, like a written agreement. Your friend has already agreed, in writing, to repay it and unless you can prove otherwise you don't have a case. If you co-sign a loan you are agreeing to repay it if the primary borrower defaults, and it sounds like that's exactly what happened in your friend's case.


Miah
when you cosign something you are saying in writing, "If this person does not pay this debt, I will." Since she defaulted, he is responsible. If you cannot afford what you are cosigning, don't do it.

If he signed the entire loan in his name, There shouldn't really be any question as to who is responsible for the debt


LIPPIE
He signed agreeing to pay the loan if she didn't. He may be able to take her to small claims court to get the money back, but I don't think so. Oh, and by the way what does we mean, did you also sign the note? Sounds like he is more than a friend.


samantha s
Rating
Small claims can handel it but it is always better to get a lawyer.


dolphin2253
It all depends on the amount of the loan. Small claims only allows for small amounts. You'll have to check with them to find out exactly how much.


Janela S
never trust a spouse.


Steel Roots
Judge Judy


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