Legal Question in Credit and Debt Law in Wisconsin

As a cosigner for a borrower who has defaulted on a loan, one would generally have a right to recover amounts paid on their behalf under the laws of common subrogation. If you get along relatively well with your son, you might also convince him to give you a voluntary wage assignment, where he would agree to have his employer take a certain amount out of his checks and send it to you (assuming that his employer offers this service). Any experienced civil litigation attorney could handle a case like this, but the first question you should ask yourself is whether or not it is worth spending the money on it. I am guessing that your son is not a wealthy person or he would be paying you something voluntarily, and no attorney, no matter how skilled, can produce money for you to collect when the collection target has no money. If, on the other hand, he is gainfully employed and still refuses, you should be able to garnishee up to 25% of his wages if no other creditors have "beat you to it," and his income is well above the poverty level. However, you could also find yourself facing a bankruptcy if he wants to avoid paying you, which may or may not result in discharge of the debt. Student loans are normally not dischargeable, but it is unclear whether or not the subrogation rights of someone who has paid someone's student loans on behalf of the student are also nondischargeable. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.