Legal Question in Credit and Debt Law in Georgia

You cannot sue the cousin until your fiance pays off the debt. This is wh co-signing is ALWAYS a bad deal. By co-signing, your fiance is telling the lender, "go ahead and make the loan, because if my cousin does not pay, then I will." Your fiance has a choice: he can pay and protect his credit then sue the cousin when the debt is repaid or let this go into default and try to either resolve later or let the loan company do what they will do. They can sue your fiance if they have a mind to do so. Its not a problem right now as your fiance is not working so his pay cannot be garnished. The creditor may wait 1-2 years to sue (this is not a guarantee - some creditors will sue quickly, some not at all). In the meantime, your fiance can start saving up money and hopefully resolve the debt at some point.

I don't know what the loan payments were. Maybe your fiance could get a reduced schedule while he has the surgery and recuperates and then start making the regular payments when he is back to work. Just make sure he gets any deals IN writing and that there will be no negative information reported on his credit.

This is bad though if it is a GA lawyer doing the calling because it means that a lawsuit may happen within the next few months. Again, I don't have crystal ball and cannot predict the future but ... it is more likely than not from your post. If your fiance needs further help, he can contact me at [email protected].