Legal Question in Credit and Debt Law in Missouri

The answer to the question "can they sue?" is almost always yes. There is little that cannto be the subject of a law suit. I am not sure exactly wht ayou are asking beyond that. Perhaps you are asking if the statute of limitations would prevent a judgment, because of the length of time that has transpired since the car was totaled. Generally, a plaintiff has ten yers to bring a suit in Missouri to collect on a written contract debt. The time is usually figured from the date of the contract or last payment, whichever is later. Under the facts you described, it appears that is not too late for the suit to be brought. The suit can usually be brought against the primary borrower or the cosigner, or both.

You asked if they can win monthly payments from April 2001 to now. Unless the loan was for eight years, it is unlikely they would get a judgment for that. What they might get is a judgment for the outstanding payments that were not paid, plus prejudgment interest as well as late fees and attorney fees or collection costs if the loan documents provide for them (many auto loans do) and the costs to file and serve the law suit

Good luck