QUESTION

Can I sue the primary borrower of a student loan if I'm stuck paying off the loan I co-signed for?

Asked on May 10th, 2020 on Civil Litigation - New York
More details to this question:
I co-signed on a student loan for my nephew nine years ago. Before I co-signed I had him and his parents signed a notarized letter stating that I would not be responsible for the payments. Unfortunately, I am not stuck with the payments. Can I sue and enforce the notarized letter they each sign?
Report Abuse

1 ANSWER

Personal Injury Attorney serving Orlando, FL
3 Awards
Letters such as this one can be considered a contract that can be enforced, however a review of the content of the letter would need to be analyzed. Keep in mind that a claim for breach of contract has a statute of limits which means you need to file suit within a certain time period. Every state has different deadlines. Keep in mind also that the legal effort needed to be expended may be worth more than the amount of the claim. Accordingly you may want to consider suing them in small claims court. Discuss with counsel in your state about these and other legal options. 
Answered on May 10th, 2020 at 10:28 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters