Legal Question in Credit and Debt Law in New Jersey
small claims court
I co-signed for a relative to buy a vehicle and they are not paying. Can I take this to small claims court without paying the amount owed first. The amount due is under $4000.00 and the party in question will not reply to the car company or to my calls. What can be done. I am disabled and don't have money to pay this and it has ruined my credit. I get calls almost daily from the car company
1 Answer from Attorneys
Re: small claims court
First, you many not have any options here. This is why you should never co-sign for anyone, but I'm sure you've learned that not, albeit the hard way. To get them to stop calling, you should ask them for proof of debt and also tell them to stop calling you. With regard to small claims court, you are really in no position to force the relative to do anything since the purpose of your co-signing is for your to pay for this exact situation. Furthermore, if he is not going to pay the creditor, why would he pay you? Of course, since you have no money, it could be worth a shot to just go for it anyway.
Good luck!
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