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Yes, you can sue the borrower and receive a judgment if they defaulted on the loan. They can also sue the cosigner.

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Can a cosigner be released if borrower is fraudulent?

You need to discuss the situation with the lender and provide proof that the primary borrower lied on the application. However, the lender may not want to hear your story. You stepped up to guarantee that the loan would be paid. You may need to sue the primary borrower in court yourself if they have defaulted on the loan.


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.


Can an online payday loan company take you to court for nonpayment in Texas?

Yes. A payday loan company may sue a borrower in Texas in order to get their money back.


How can you sue the borrower to pay a loan you cosigned?

You can sue the primary borrower in civil court. The amount will determine which state court will hear the case. You can visit your local court for more information relative to your jurisdiction.You can sue the primary borrower in civil court. The amount will determine which state court will hear the case. You can visit your local court for more information relative to your jurisdiction.You can sue the primary borrower in civil court. The amount will determine which state court will hear the case. You can visit your local court for more information relative to your jurisdiction.You can sue the primary borrower in civil court. The amount will determine which state court will hear the case. You can visit your local court for more information relative to your jurisdiction.


How do you sue someone who fails to pay a loan?

Judge Judy Usually works.... You can sue the primary borrower in civil court. The amount will determine which state court will hear the case. You can visit your local court for more information relative to your jurisdiction.

Related Questions

Can a cosigner on your college loan sue you?

Yes, if you defaulted on the loan.


Can a cosigner be released if borrower is fraudulent?

You need to discuss the situation with the lender and provide proof that the primary borrower lied on the application. However, the lender may not want to hear your story. You stepped up to guarantee that the loan would be paid. You may need to sue the primary borrower in court yourself if they have defaulted on the loan.


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.


How can you get possession of car in Texas as cosigner?

If you're not on the title then you only agreed to pay the loan if the person buying it doesn't. This doesn't give you any right to the car. However, you can sue the primary borrower in civil court if they defaulted on the loan and you made the payments. The judge may order the primary to sign the title over to you.


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.


Can the cosigner take possession of the car?

Not unless their name is also on the title. If you're not on the title then you only agreed to pay the loan if the person buying it doesn't. This doesn't give you any right to the car. However, you can sue the primary borrower in civil court if they defaulted on the loan and you made the payments. The judge may order the primary to sign the title over to you.


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 an online payday loan company take you to court for nonpayment in Texas?

Yes. A payday loan company may sue a borrower in Texas in order to get their money back.


How can you protect yourself if you cosign an auto loan?

There is no "protection" for a co-signer except paying the loan if the primary borrower doesn't pay. If you don't pay the loan then your credit will be ruined. If you pay off the loan you can try to sue the primary borrower in civil court but the chance of reimbursement isn't generally good if they needed a co-signer in the first place.Understand that when you co-sign for a loan you are guaranteeing that you will pay if the primary borrower doesn't.


Can the lending company sue the cosigner on an auto loan if borrower doesn't make payments?

Of course. That's what co-signers are agreeing to when they co-sign.


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.


What legal action can be taken with a defaulted payday loan?

The lender can sue for the amount of the loan (including interest and late fees), and any legal fees (such as court filing fees and attorney's fees). They COULD garnish wages and repo any collateral used to "get" the loan.