Adult Child

Why did she co-sign the loans in the first place? She is basically signing that if this exact situation happens she would be responsible. That's what co-signing is...if one person doesn't pay, the co-signer is responsible. But yes, she can sue him without a doubt.

If she knows where he works, she should give that information to the bank and have them garnish his checks too. Unfortunately, when you co-sign for a loan, you are just as responsible for the loan as the primary applicant. She can take him to small claims, but if she does not know where he works she is still out. It stinks. The moral of the story is never co-sign unless you are willing to pay that person's debts.

She could always talk to an attorney but she signed the agreement that she would pay if he didn't so she might be stuck. What a lousy thing to do to your own family!

If she co-signed through a government loan, she can call and ask for a deferment. They will either lower the payments or stop them all together if she qualifies. She needs to explain all financial obligations and persons for whom she pays for. This does make the balance continue to grow with interest though but it can give her some time to hire a lawyer. Sorry this has happened to your family. Good luck.

IF he has a job why arnt they garnishing HIS wages instead of hers??

Certainly she can take him to court, but the judge will make a decision based on all of the circumstances. The judge may just order that they turn the car over to her since she is making the payments. If it is causing a financial hardship and straining the family relationship, it is certainly worth a try.

She can definitely sue! A fair judge will hold him responsible as well. Not having a job is not an excuse.

I don't really understand this. Who loaned the money? Did a bank give them a small loan to use for whatever they wanted and he was "suppossed to" use it for school and didn't? In a case like that, she is more than likely screwed and will need to sue him and let a judge decide what to do. It seems to me, though, that a student loan for school is money that is meant to go directly to a school and is loaned by---hmmm....not sure what kind of institution gives these loans-- but is there a way to contact the institution who loaned (and is looking to get paid) and have THEM pursue him for the money he misrepresented?? I'm not sure it can be proven that the money went to pay for the car. Is he working? Too many details we don't know

I don't know if this would help your sister, but I contacted an attorney concerning some co-signing issues I had the misfortune of doing. This has helped me. She might try contacting him for a free consultation, Avrum Dannen in Chicago, ###-###-####. He is with the firm of Berger, Newmark & Fenchel. I'm sorry for all of you.

I think she should DEFINITELY sue him. No one wants to go through that in a family, but he has treated her so wrongly and she can't continue to let him. It's horrible how people will treat each other so badly for money and stuff. I'm so sorry to hear this, but your sister has to take back control and make him responsible for this.

Ugh, so sorry to is hear this. Something very similar happened in my own family. Unfortunately it's a life lesson learned, loaning $ to family members (especially young, irresponsible ones) is never a good idea.
I don't think there's much your sister can do unless he has a job, which I'm guessing he doesn't. If he DOES have a job then he is as responsible for the debt as she is. She should talk to an attorney about getting his wages garnished as well. Good luck to all of you!

I would talk to an attorney. Many will give you a free hour to talk. Since he didnt actually go to school, he obviously misrepresented what the money was for, and she may be able to get the court to make him pay her back or at least take over the payments.