Legal Question in Credit and Debt Law in New York

Co-signer help

3 years ago I co-signed a loan for a girlfriend. She has not made good on the payments, the car reposessed. Now a collections agency is pursuing me since they cannot reach her or prove her employment. They also said I have better credit, so they choose to pursue me. Can they do this? Can I sue her? Do I have any legal right to posession of the vehicle? What are my options? PLEASE HELP!! the balance is over $10,600. I'm a struggling single dad. What can I do?


Asked on 10/26/03, 8:21 pm

2 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Co-signer help

okay ...ready.....you are on the hook. We all know why you signed the loan.... and why you never again will or should..but you are as much responsible as she.

You can call me (for free) or any other attorney to discuss this.

Good Luck

RRG

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Answered on 10/26/03, 10:25 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Co-signer help

As my learned colleague has stated, you are responsible for the debt since you co-signed for the loan...but just as you stated, your girlfriend is responsible to you for HALF of the loan and if you can prove the loan was entirely for her benefit, you can probably get more than half...BUT, you have to find her assets, if any, and seize them (from a bank, her job, etc.). Since she needed you to get the loan in the first place it is probably not going to be easy to find assets of hers...Again like my colleague says, this is not something you will EVER go again, no matter what promises your next girlfriend makes. Struggling single dads have to look out for their kids, first and foremost. If you are clever, you'll remove all your seizable assets from your bank and put them where they cannot be seized (like an out of state bank that does not have a branch in the state where you live). Your wages are also subject to garnishment.

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Answered on 10/27/03, 12:05 am


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