Legal Question in Credit and Debt Law in Massachusetts
Sorry I co-signed
I co-signed an autoloan for family friend. This person broke all ties to her family (and me)and has since moved off to Colorado somewhere. She defaulted on the loan and the vehicle was repossessed and sold at auction. I know this because a collections agent called me looking for $5000 that is still outstanding on the loan. The agent said I was responsible for the outstanding amount because the primary loan maker "Has disappeared into the woodwork". The problem I have is that I was never notified on the loan default status. That phone call was the first I heard of the problem! I never received any notice from the lender and thus never had a chance to make the back payments before the vehicle was repossessed. Shouldn't I have been notified? Where do I go from here?
2 Answers from Attorneys
Re: Sorry I co-signed
I think the loan issuer probably had a duty to
notify you; I'm not sure. Certainly it seems unfair to you not to have had the opportunity to take over the payments (and perhaps repo the car for yourself) instead of having it sold at the notoriously low price that repo sales bring.
What city and state do you live in? Where is the loan company? Where was the loan issued? Where was the car bought? New or used? Was the loan money used to purchase the car? Where did the primary borrower live at that time?
Do you know where she is?
Why did you co-sign, anyway? ... bad judgment?
Re: Sorry I co-signed
Did you keep a copy of the document you signed? And do you have any other loan documents?
Meanwhile, be sure to inform the collection agent that the amount owed is in dispute, preferably within the first 30 days of when they contacted you, but it's not too late if that time has expired; they'll just assume you haven't denied it until you tell them otherwise.
Write to them with certified or registered, with return receipt requested and mail yourself a copy by first class on the same date (and don't open it when you get it back!). Demand written evidence of your debt including some document with your signature on it. Someone should then send you the document(s). If that one refers to others, demand the others. Once you get those, contact me again and we'll work something out.
I can write those demand letters for you (quoting the law, etc.) but I charge $400 retainer, so it's best to see how far you can go on your own before paying me any retainer. (I charge as a fee a percentage of what I eventually save you, too.)
Frankly, I'm sorry you co-signed also but my sensibilities tell me that the lender has done some thing wrong here which I'd like to correct for you.
Meanwhile, you also have recourse against the borrower. If you don't know where in CO, there are some ways to track that down which we can talk about later. But first things first.