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?
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.
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