Legal Question in Credit and Debt Law in Florida

Rights of Co-Signer on a College Loan

My wife and I are co-signers on our son's college loan. The loan is substantial. He has graduated and the loan is now due. He is married and does live with us in Florida. He is not paying the loan, stating he can't afford it. So, the bank has sent us notices that the loan is not being paid by him, and we pay it. We have been doing this for over a year and a half, with no help from him. We are retired and living on my pension. My son seems to be making enough money to cover the loan, or at least part of it, but he chooses to pay nothing. As a co-signer, do I have any recourse to get him to pay this loan. Since I am paying it, the loan is not delinquent, but he seems to be getting of scott free. I have asked him to help out, but he says he can-t afford to. What can I do? Is there a process wherebye I can seek wage attachment?


Asked on 1/17/06, 7:39 pm

1 Answer from Attorneys
Samira Ghazal Ghazal & Gomez, P. A.

Re: Rights of Co-Signer on a College Loan

Yes, you do have the right to sue your son and seek reimbursement for the payments made on the loan.

Because it is your son, I don't know if that is the best solution. Even if you do win and garnish his check, this matter will leave a serious mark on your relationship. Before you file, I would recommend that you openly talk to him and explain your situation and the alternatives. If he refuses to cooperate, then you have done all you can.

Please note that since you co-signed on the note, if you do NOT pay it, it will impact your credit score and damage your credit substantially.

Visit our web page www.FloridaCreditLawyer.com for articles on this topic. Also, if you can let others know of our web page it would be appreciated.

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Answered on 1/19/06, 2:31 pm


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