Legal Question in Credit and Debt Law in Illinois

I co-signed a car for someone and four years later the car was repossessed. There was a balance on the car once it was sold. The person was to make monthly payments until the debt was repaid. Unfortunately, the person has not regular payments and several of her payments were returned for insufficient funding. Now the payments are coming from me and she has not been paying me back what she owes. All she can say is that sales are down and she is going to make sure she has a roof over her head. Meanwhile, she texts me telling me she will pay me and never brings me any payments. Is there any legal recourse to my situation for getting payment for both the car balance and my out of pocket payments I have made when she failed to make the monthly payments?


Asked on 7/29/12, 7:34 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Did you have a contact with the other person under whcih she agreed to hold you harmless, indemnify, or reimburse you for any payments you made or costs you incurred? If so, you may have a simple breach of contract case against that person. Otherwise, it is possible that you might have a claim based upon some equitable theory. Either way, it would appear that you would need to sue that person, obtain a judgment and then try to collect from that person based upon the judgment. The total amount of money involved may, or may not, justify the expenses you will incur in attorney's fees and costs. Good luck.

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Answered on 7/30/12, 8:46 pm


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