Legal Question in Civil Litigation in New York

suing a co-applicant

My 19 year old son (at the time) took out a car loan and had it co-signed by a former teacher. I know they fraudulently gave documents showing the loan company he was employed when he was not nor has been. He has not been able to make the monthly payments of $566 a month. I have spoken with the co-app several times and she assured me she would make the payments because she knew she was also responsible. Well she hasnt made the payments either. I have been making the payments. My question is will I be able to sue not only my son but also the co-app for the payments I have made on the account?


Asked on 1/07/09, 4:23 pm

2 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: suing a co-applicant

The co-applicant is a surety or a gauranter and is liable for your son's actions. I would sue both of them.

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Answered on 1/07/09, 4:27 pm
Michael Markowitz Michael A. Markowitz, PC

Re: suing a co-applicant

If you do commence an action against your son and the teacher, you will have a big problem if nothing is in writing.

In other words, if you are loaning the son and teacher money to pay the monthly payments for the car, that obligation should be in writing and signed by both the teacher and your son.

Mike.

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Answered on 1/07/09, 4:54 pm


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