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Does the cosigner have legal recourse to recover monetary damages when the primary borrower defaults on a vehicle loan?


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Wiki User
2015-07-15 18:37:46
2015-07-15 18:37:46

Maybe small claims court. Check with a local attorney. the best protection is DONT CO SIGN.

Generally anyone who causes financial damages, which non payment of the debt as promised would seem to be, can be sued to have those damages recovered from.

If one can pursue it in small claims court or needs a different one is really only dependent on the size of the claim, not the cause of action. In most areas the limit on awards in small claims is low, something like $1500 (varies). Anything more would require the higher, more procedurally formal court actions.

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Does the cosigner have lega recourse monetary damages when the primary borrower defaults on a vechicle loan

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Not really, no. You can sue him for damages, but ... that takes time. And maybe there is not much to collect anyway.

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No, there is no legal recourse that i know of, but I do know of a way to help yourself if the loans are Federally Guaranteed student loans. Have the borrower consolidate the loans without you being a cosigner. Then, the previous loans will be paid off, and a new loan will be made. If you need help getting the defaulted loans consolidated, contact Default Management Services. Google the company name for a phone #. Ask for Doug, he is very knowledgeable.

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Kentucky is a recourse state, allowing the lender to seek judgments and damages from the borrower.

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The usual legal recourse for the cosigner when the person named as the primary on a loan has defaulted, is to make the payments on the loan. Then, the cosigner can take the person who defaulted to court to try and recoup some of the money they are out. If the loan was for a car, some states allow the cosigner to take possession of the car and sell it to recoup losses also.


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