Legal Question in Civil Litigation in Pennsylvania
I cosigned a student loan for my son, my son never paid on the princable and the collection agency came after me, I paid it off.
My question to you, is there a legal avenue I can pursue to make my son pay me back?
Thanks
Lenny
1 Answer from Attorneys
Lenny,
NEVER co-sign a loan of any kind for anyone, not even your son. Better for you to give him the money than co-sign a loan. The reason is that you get none of the benefits and all of the burdens in that you are equally liable with the primary borrower, your son. Your son needs to step up to the plate. He is the one that got the education. Make him pay it back.
Unfortunately, if you paid the lender, the only way to go after your son if he will not pay voluntarily is to sue him. And even then there are no guarantees. Is your son in Pennsylvania? There is no wage garnishment in Pennsylvania. What other assets, if any, does your son have? Is he likely to file bankruptcy?
If you are going to end up spending more money to get nothing, it might be better to chock this up to having learned a very expensive lesson. Revise your will and deduct the loan that you paid from your son's share of your estate.
Don't wait if you are going to sue. There are time limits beginning with when you paid off the collection agency.