Legal Question in Civil Litigation in Georgia

My family's relationship is suffering because my mother co-signed for a car loan for her brother. For many months, the loan has been behind off and on and has ruined my mother's credit. The car is in Ohio with her brother and she lives in Georgia. Does she have any recourse in this matter?


Asked on 3/16/11, 8:43 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

This is exactly what she agreed to. People need co-signers for a reason - they don't pay their bills (or have no history of paying). Her "recourse" would be in any agreement she had with the brother, but as far as her credit, she is responsible for a debt that is not getting paid. Co-signing is virtually never a good idea.

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Answered on 3/16/11, 8:47 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

As your papers clearly state, your mother agreed to all this hapopening to her. She is bound by it (unless she declares bankruptcy).

Banks ask for cosigners solely because they know the borrower won't pay and the cosigner can't. For that reason, no one should ever cosign a loan they don't expect to pay. Your mom must pay the loan or file bankruptcy and her only recourse, IF she has a written agreement with the brother, might be to go to Ohio and sue him. However, if he can't pay the bank, he probably can't pay her, and in the meantime she must pay the bank.

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Answered on 3/16/11, 9:04 am


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