Legal Question in Credit and Debt Law in Pennsylvania
Can cosigner sue first party for defaulted car loan?
I co-signed car loan for son's ex-girlfriend. They split, she defaulted on the loan and the car was repossessed. She never notified us nor did the bank. We were finally notified by collection agency after the finance charges jacked up the amount to $3200.+ from originally under $1,000. Agency threatened to up our mortgage, credit card interests, etc., unless we paid immediately. We paid to save our credit but now we want to know if we can go after her for the money. Collection agency told us we can sue her and force liens and/or sheriff sale on any of her property but we're not sure they are clear on PA law. Also, they claim she showed no assets and that's why they came after me for the money. What are my rights in PA? Can I sue her for the money? Thank you!!
1 Answer from Attorneys
Re: Can cosigner sue first party for defaulted car loan?
By paying the loan as a co-signer you have subrogated to the rights the car company had. You can sue her for the amounts you paid. I offer free consultations.