Legal Question in Real Estate Law in California

Re: responsibilities of a cosigner

Unfortunately, few people truly understand the nature of what they do when they cosign for a debt. A cosigner is as equally liable for the lease as the person who actually lived in, and had the benefit of the apartment. Is it common for them to pursue you in another state - absolutely. Will they actually file suit? That's the unknown. It costs a lot to pursue litigation, and over $1,300, they may just take you to small claims court where they will not be able to recover attorneys fees. The attorney is probably more likely to file a lawsuit as it is less likely that you will show up and attempt to defend it. I would suggest that you make your own arrangements with the law firm in question to settle the debt. If your daughter files bankruptcy, she will most likely leave you holding the bag and owing the full amount.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Re: responsibilities of a cosigner

Cosigners risk being sued if the primary borrowed defaults; that's what cosigning is all about. You signed an agreement on which you agreed your could be sued. It probably provides specifically for suit in California, regardless of your residence. Even if it didn't, they could sue here since the apt is here. Get your daughter to pay the bill or you'll both get sued. Work out something with the landlord.