Legal Question in Credit and Debt Law in New York

Co-signer on loan

I am the co-signer on a car loan with my nephew who has defaulted and refused to make loan payments. I have to pay the balance ($6,000)to protect my credit history. I would like to sue my nephew to recuperate my money. How do I do this?


Asked on 7/23/03, 4:18 pm

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Co-signer on loan

Here in NY City there are several ways. I would recommend using 'Civil Court' rather than 'Supreme Court'. The filing fees are smaller and you may get some leeway on the civil procedure issues.

The beginning is very technical and specific. You must make out a 'complaint'. This is a document which informs your nephew what you are suing for. Your case is very simple - it is to indemnify you on a debt. You must also draft a 'Summons'. The summons is a standard document which states where and how he is being sued and how many days he has to respond. respond. It must be given to him by an adult other than you, and he has to write down that he did hand it to your nephew.

I can help you draw it up. I charge about 250$ for this work, and 500 for the whole case. If you just want to ask a couple of questions, that is ok, too! You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 7/23/03, 10:01 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Co-signer on loan

Up in the Syracuse area you may be able to sue him in City Court if he lives in the City. Otherwise, you go to Supreme Court/County Court and sue him. You must pay or otherwise your credit will be ruined.

Try to work out a payment deal with the creditor and ask that of you pay (even though you are liable), if they will not report it onyour history if you make the payments.

Good Luck.

RRG

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Answered on 7/24/03, 3:44 pm
David Slater David P. Slater, Esq.

Re: Co-signer on loan

Since you failed to indicate where you & he live I can answer generally. You can either hire an attorney or represent yourself (pro se). You will have to prepare a summons and complaint setting forth your claim and the appropirate court house. You can sue in the County where you or he resides. Good luck.

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Answered on 7/23/03, 5:06 pm


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