Legal Question in Credit and Debt Law in Illinois

I signed for a student loan 15 yrs ago for my son, its still not paid off! He was paying on it now stopped! Is there anyway that i can take my son who is 37rs old to court and make him liable for this loan so they stop harrassing me about it and not garnish my wages if it's not paid?


Asked on 2/18/11, 12:39 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

He is already liable for the loan, but the problem is, so are you. When you cosigned the loan, you agreed to pay the loan if your son did not. Simple as that.

You can certainly sue your son to recoup any money you are required to pay for this loan, but if he does not have money to pay the student loan, does he have money to satisfy your judgment against him? And, do you really want to sue your son? This can have the result of diminishing Mother's Day, birthday, etc. gifts and visits. Perhaps you just need to have a chat with him to see if there is some temporary solution to which the two of you could agree. Also keep in mind that suing your son will not stop the creditor from suing you and garnishing your wages.

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Answered on 2/18/11, 2:26 pm


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