Legal Question in Family Law in Colorado
Bank Loan
My dad and I both co-signed on a bank loan. He is trying to sue me for backed money I owe him on the loan. I never signed a promissary note to my dad saying I owed him the money. Is this possible for him to sue me with both of our names on the loan?
2 Answers from Attorneys
Re: Bank Loan
Under the right circumstances, your Dad can sue you for the money on the loan. If a primary borrower can't satisfy a loan, and the lender has to look to the co-signer to pay, that could lead to a claim seeking repayment. There might be other legal theories he's proceeding under as well, even in the absence of a promissory note. Even if there's nothing in writing, he could still pursue the claim as an oral contract.There may also be language in the loan documentation about him being able to pursue any back payments against you. However, if you think what he's doing is unlawful, I would strongly encourage you to contact an attorney to review the loan documentation and any legal paperwork he's served you with.
Good luck to you,
Christine C. Nierenz
Re: Bank Loan
A contract may be enforceable, even though it is not in writing. In other words, if you did agree to pay your father back, and your father can prove it, he may be able to successfully sue you for damages. It will all depend on the facts of the case.