Legal Question in Credit and Debt Law in Texas

My fiancee' is a cosigner on a carecredit loan for his ex. She isn't paying the monthly payments and he has closed the credit line and she isn't coming to reason with the issue. She refuses to pay and his credit is being hurt while we are trying to buy a house. He has proof that she said that this was her obligation after the break up and he has proof that he has never paid a single bill. How can we sue her for payment and get her to start paying??


Asked on 8/09/10, 3:45 pm

1 Answer from Attorneys

Take a step back and look at it from the creditors position. The lender probably felt for some reason they needed more to guarantee the loan will be paid so they asked for someone who would guarantee (co-sign) payment in case she ever defaulted in payment. since she is not paying, he assured payments will be made by him.

It was good he closed the line of credit but it sounds some damage has been done. You could always file suit but weigh that decision with this...if she is not paying the lender, what guarantee would you have she would pay you back. Also lenders are very reluctant to remove a person from the debt if there is a chance it will be paid.

He could have an attorney call the company, explain the situation, and negotiate for some type of settlement.

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Answered on 8/18/10, 6:40 am


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