Legal Question in Personal Injury in New York

Can I sue a cosignee for not making payments?

I cosigned on my bother's car loan about 15 months ago and assumed his payments about 11 months ago. He owes me over $2,300 and has made no intention to pay me back. With this debt mounting every month, I was wondering it I can sue him. My name is not on the title of the car, so I cannot take the car and sell it, so I'm not sure what my recourse I have here.

If I can sue him, can I file where I live, or do I need to travel to where he lives?


Asked on 6/28/05, 5:06 am

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Can I sue a cosignee for not making payments?

You have an action against your brother, venue would depend on a number of factors including where your brother lives, or where the contract was entered.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 6/28/05, 8:45 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Can I sue a cosignee for not making payments?

You are essentially asking questions about jurisdiction and venue that are difficult to answer without more facts. You should be able to obtain a judgment against your brother in small claims court, and it will be enforceable so long as the papers are served on your brother properly within NY. If your brother does not reside in the State of New York there are too many possibilities to go into.

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Answered on 6/28/05, 2:11 pm


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