Legal Question in Credit and Debt Law in Florida

small claims court

my 35 year old daughter cosigned for a loan for a friend for dental work, about $2.000. The friend has not been making the payments and she is afraid she will not. Can she take her to small claims court and get a judgment for the full amount?


Asked on 3/21/07, 8:12 pm

1 Answer from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Re: small claims court

If it went to trial, your daughter would have to prove the existence of a written or oral agreement between her and her pal that the pal would be responsible for making the payments.

The lender could care less about an agreement between the two of them, or that your daughter was not the one receiving the dental work. If the lender is not paid, your daughter's credit could suffer.

Small claims court would be the proper place to file a lawsuit, and the were a judgment entered in favor of your daughter, it would be for the amount she was owed at that time.

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Answered on 3/22/07, 7:43 am


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