Legal Question in Credit and Debt Law in Florida
Cosigner
I cosigned for a car for my daughter in 2001 in PA and she was of legal age. I now live in Florida and received a summons. Apparently my daughter defaulted a long time ago. I never received any notification that this was happening and also found out the loan had been sold somtime ago also and was not notified. I have since put the attorney and finance company in touch with her. She has agreed to work somthing out with them and they accepted her payment offer but they still want to take me to court ''because they can.'' Has this now crossed a line? To say harassment possibly. In addition to putting them intouch with her I have also offered to try and work somthing out to relieve interest and settle for the original charged off amount, but they are not cooperating. Needless to say since I was not aware of this occurring there should be some relief. Also I noticed by searching on line that there is a federal notification to cosigners that is required, to the best of my recolection I do not remeber receiving this. The car was purchased in PA but I received the summons here in Florida.
3 Answers from Attorneys
Re: Cosigner
The creditor HAS RESOLVED THE MATTER WITH THE CO-MAKER AND IS ACCEPTING THE AGREED PAYMENTS. As such, there is no current deficiency. I beleive that suit against you is pre-mature and may give rise to a favorable cause of action in your behalf. You should consult with competent counsel as soon as possible.
Re: Cosigner
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If the debtor has made repayment arrangements with the creditor who accepeted the same, they cannot then go after you for the same debt. They can only collect once. You should retain an attorney to file a motion to dismiss the case and seek attorney's fees against them.
Scott R. Jay, Esq.
Re: Cosigner
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If the debtor has made repayment arrangements with the creditor who accepeted the same, they cannot then go after you for the same debt. They can only collect once. You should retain an attorney to file a motion to dismiss the case and seek attorney's fees against them.
Scott R. Jay, Esq.
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