Legal Question in Credit and Debt Law in Indiana

Co-Signed and primary applicant is not paying

A friend of mine co-signed for a girlfriend, a year and a half ago, for her to buy furniture. Since then, they have broken up and she has not made any payments on the account. She did go back 2 months after the first initial purchase and purchased more items without his consent. Since she has not paid, his credit is ruined since the bank didn't contact him until 6 months past with no payment. He is paying for the loan now, but had to pay several hundred dollars in late fees and is now stuck with a loan and no merchandise. The girlfriend cannot be located and he wants to take her to small claims court to get his money back or the furniture and sue her for ruining his credit.

Can he do this and what way should he go about doing it?


Asked on 10/07/02, 11:23 am

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: Co-Signed and primary applicant is not paying

Your friend can pursue his ex for right of contribution for any monies paid for her debts or joint debts-he can file in small claims court or hire a collection attorney on a contingency basis to chase her down

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Answered on 10/07/02, 1:13 pm


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