Legal Question in Credit and Debt Law in Illinois
I co-signed for Sallie Mae student loans that the adult student now refuses to pay. I have been making the payments as I am now responsible. Can I take him to court for restitution?
1 Answer from Attorneys
If you cosigned on the student loans, you are agreeing to be responsible for these debts. Co, means 1 of 2, and the creditor can pursue either. Educational debts do not discharge in bankruptcy, so that won't help. If you had a written agreement between the other cosigner and yourself, agreeing to hold you harmless, then you would have a case in court. Since you agreed to be liable when you signed on the student loans, you cannot sue just because the lender wants you to pay. Tough situation, talk to the adult student, and have them help make payments. Thanks for your question, good luck.