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I'm almost afraid to ask....for what?
You really aren't thinking you can sue the co-signer for your failure to pay your debt are you?
You understand, the cosigner isn't there to protect the primary...he is required by and there to protect the lender!
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∙ 16y ago
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Can a cosigner sue the primary borrower?
Anyone is allowed to sue anyone in this day and age, however, the point of having a co-signer is because the primary borrower may not have a credit profile strong enough to get a loan on their own. When suing someone, the goal is to get paid - if the primary borrower did not have enough money or enough credit strength to get a loan, what, exactly, will the co-signer sue them to get? So yes, a co-signer may sue the primary borrower, however, unless circumstances have changed massively since the shared loan was signed, there will be nothing for the co-signer to go after. Depending on the amount of the loan you can sue in small claims court or a higher civil court.
What can a cosigner do after a car is repossessed Can they sue the primary signer?
Seems pointless to even consider. If the primary signer didn't have enough funds to make the car payments, they probably will not have enough funds to pay any lawsuit you charge them with. Fact is, if the primary signer defaulted on payments, then the cosigner would be responsible for making them - If repossession occured, then it was due to the fault of the cosigner .. can't sue yourself.
Can a cosigner sue the primary for the full amount of loan when the cosigner pays it off?
A cosigner can only sue if the primary borrower signed an agreement for the cosigner to pay the debt and then be reimbursed. The consignor can not sue if they, at their own liberty, decided to just pay the debt.
Can a cosigner sue the signer?
Yes, a cosigner can sue the primary signer if the primary signer fails to fulfill their financial obligations, resulting in the cosigner having to cover the debts. The cosigner may seek legal recourse to recover the money they had to pay on the primary signer's behalf.
What can be done to a cosigner if a loan is not paid?
You could try to sue the primary in civil court. It may not be possible to actually win a suit until after actions have taken place to actually cause you damages. These damages would include, but are not limited to, a negative credit score, judgment, garnishment, etc.
Can a cosigner on your college loan sue you?
Yes, if you defaulted on the loan.
If the cosigner decides to pay off the loan to clear their property used for collateral can they put a judgment on the primary loan holder to collect the amount paid off?
Yes, the cosigner can sue the primary borrower if they can prove the money paid on the exisitng loan was a loan to the borrower and the person had knowledge of and agreed to the action.
Can a co signer sue the car owner?
Generally, yes, assuming that the "car owner" is the person who took out the loan that was co-signed AND that the owner defaulted on the loan and the co-signer was forced to pay the balance of the loan. Typically, the main borrower, i. e. the car owner, is primarily liable for the loan while a co-signer is only secondarily liable. This means that the co-signer has no obligation to make payments unless the primary borrower defaults. In most contracts involving co-signers, the contract will have a provision that if the co-signer has to pay on behalf of the primary borrower, then the primary borrower must indemnify the co-signer. If the primary borrower refuses to pay the co-signer, the co-signer can sue the car owner to recover what he paid for the car owner.
Can you sue the borrower if they defaulted on loan if im the cosignor?
Yes, you can sue the borrower and receive a judgment if they defaulted on the loan. They can also sue the cosigner.
Can a co-signer who is named on the title take possession of the vehicle from the primary borrower in Oklahoma?
Not arbitrarily, the co-signer would need to sue the primary borrower and be awarded the vehicle or the money owed to complete the loan agreement.
Can a co signer sue the person who defaulted on the loan for the amount of the loan in question since the car was reposessed and that person is working and more than capable of making the payments?
Not likely. If you cosign then you are saying "I trust my credit in this person's hands." If the signer does not pay then it is the responsibility of the cosigner to take care of the payments.
What recourse does co signer have if the primary debtor defaults?
The co-signer can sue the primary debtor for reimbursement of what the co-signer pays the creditor.
