Can a Borrower Sue the Cosigner

**reliant601** · 06-01-2012, 05:03 PM

A while ago I posted on here if I can sue to get the 2nd truck back that I signed for. Well they repo my own truck because it was cross collatrol. Now I had that truck for a year and I was current on all of my own payments (on my own truck) I was wondering if I can sue the co-signer of the other car loan that I signed for because I lost all of the money I put into my cars payments. I want to sue for $4500, can I do sue that co-signer for the money I put into a loan because they never made payments and my car was taken?

**Mr. Knowitall** · 06-01-2012, 05:27 PM

What does this have to do with engagement and cohabitation? You want to sue your ex-boyfriend/girlfriend?

Perhaps you can explain the relevant facts. A creditor can pursue a cosigner if you default, but you have no remedy against a cosigner who doesn't pay your bills - they're your bills.

Also, you need to follow the instruction to identify your state.

**reliant601** · 06-02-2012, 08:48 PM

This is NY State

I want to sue my ex-boyfriend's mother considering she is the co-signer on the vehicle and she basically had ownership of the vehicle of the 2nd loan.If nothing can be done since my name is on the loan and I don't want to pay for a vehicle's balance once they auction it off do they go to the co-signer for the balance?

**Mr. Knowitall** · 06-02-2012, 11:09 PM

Being a cosigner makes you potentially liable to a creditor if the borrower fails to make payments on a loan. It does not give you any ownership rights. The borrower has no claim against the cosigner if he fails to pay his debts, but can be sued by the cosigner if the cosigner has to cover his debts.

If you want to state the facts clearly, your questions may make more sense. So far you're not very coherent.

jk · 06-03-2012, 09:54 AM

Quoting reliant601

This is NY State

I want to sue my ex-boyfriend's mother considering she is the co-signer on the vehicle and she basically had ownership of the vehicle of the 2nd loan.If nothing can be done since my name is on the loan and I don't want to pay for a vehicle's balance once they auction it off do they go to the co-signer for the balance?

so, you are saying you did not make the payments on the other loan you were the primary signer for, correct?

If that is the case, you caused your own problems.

the lender can sue both you and the co-signer for any deficiency. They will likely go after the primary signatory though. Even if they did go after the co-signer, they would have a right to sue you for whatever they lost in court.