Legal Question in Credit and Debt Law in Massachusetts

Do I have any legal recourse as a co-signer on a car loan when the borrower is not making the payments, but their name is on the title, which the bank holds


Asked on 9/28/09, 8:05 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

you can sue him or make the payments.

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Answered on 10/03/09, 8:51 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

This is a very common problem, and people should think twice before co-signing a loan. A written agreement between co-signers can help in the event that one co-signer defaults on his or her obligations.

You can ask the other co-signer to refinance the car loan. The co-owner would probably need a new co-signer in order to do this. When you co-signed, you promised to make payments. In order to protect your own credit, I would get a promissory note from the other co-signer and then pay off the debt. That would release you from any further obligation.

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Answered on 10/04/09, 11:48 am


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