Legal Question in Credit and Debt Law in New York

Can you sue the person you co signed for?

I had co-signed for an engagment ring that my ex-fiancee purchased in 2001. During the end of 2005 I postponed my engagement with him because of his refusal to come back to New York from Ohio, after being there for eight months. I took off my ring and left it in my jewelry box, in my apartment. Soon after he makes a surprise visit to my apartment (while I was at work) and steals the ring leaving the same day before I can see him. Later I find that payment has not been made on this ring since 2002. The company tracked me down, because I am the co-signer, to pay it. The bill was originally $4,000. Due to interest and fees it is currently $6,000. My question is can I sue him for the $6,000 when I pay it off, since he took the ring and gave it to another woman? There is an added twist he is currently in jail and just received a sentence for 22 months. So, I'm not too sure how that would work if I am able to sue him? Thank you


Asked on 6/01/06, 11:41 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can you sue the person you co signed for?

1. You are correct that what goes on between this fellow and yourself is of no concern to the creditor and the creditor may collect from you in full.

2. You are also correct that you may gain indemnification in full from him. (He owes you the money.)

If you bring an action in civil or county court, emphasize that he abandoned you to live in Ohio.

3. If he is in prison, then he will be easy to find for legal service. The fact that heis ability to travel is impaired is his problem.

4. You should report the matter to the police and press charges. He did enter your home and take your property. (a) His residence is in Ohio and the engagement had been broken, so he had no continuing right to enter your home and (b) he broke the engagement by abandoning you for residence in OHio so you retain the rights to the ring. In addition, you are p-aying for the ring.

I'll bet you are very happy to not be shackled to him as a wife!

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Answered on 6/01/06, 3:03 pm


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