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How Can a Cosigner Recover Money from a Deadbeat Borrower

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  • 05-03-2011, 05:14 PM
    doc_to_tha_oc
    Cosigner Looking to Take Legal Action Against Deadbeat/Threatening Borrower
    My question involves the State of: I am in California, the loans were taken out in California, she now lives in Massachussetts.

    Years ago I signed several student loans for a now ex girlfriend, with the promise that when she finished school she would consolidate them out of my name. That never happened, she ran up an insane amount of debt without me paying enough attention. She has not been able to get a decent job even with the degree; in fact she is now unemployed. She has basically never been able to pay on the loans and they have just gotten bigger; now her deferments have run out, and I am being forced to pay them since they would otherwise go into default. He credit is so bad that she has nothing to lose and she is refusing to pay any part of them. When I contact her asking what she is planning to do to make things right she responds abusively and has threatened to force me to pay them forever even when she does get a job.

    What options for legal action do I have against this person? Can I sue her or get a court order to ensure she pays the loans when she has the ability? Her vindictive and abusive nature and her threats to stick me with her loans have left me and my family living in fear. I need to make it so she does not have the ability to force me to pay the loans while she sits back and faces no consequences. She has no money and no credit, so suing her directly seems pointless.

    What I'm looking for is essentially a garnishment on her wages before the loan itself goes to default, since letting it default would hurt me way more. I need a way to demand a contract or get a court order or other legally enforceable mechanism to make sure she pays the loans when she has the ability. She has been unwilling to give up luxuries because she knows I have to pay the loans, so it would be preferable to force payment of the loans before anything else. I just want to make it so she cannot hold threats over my family's future again ever.

    She's also lied about researching consolidation options, and her expenses, and I don't trust that she is even looking for a job. Is there a way to force her to account for her job search, the way the unemployment office supposedly does, but never checks? I would also love to add stipulations about her not being able to harass, abuse, or threaten us, but that seems like it would be something more like a restraining order.

    I don't know a lot about the terminology of what I am looking for... I don't even know what is possible or even what type of lawyer to consult to find out. Any help would be greatly appreciated.
  • 05-03-2011, 05:17 PM
    cyjeff
    Re: Student Loan Cosigner Looking to Take Legal Action Against Deadbeat/Abusive Borro
    You need an attorney and sue her.

    Then you get to try to collect.

    Good luck.
  • 05-03-2011, 05:28 PM
    doc_to_tha_oc
    Re: Student Loan Cosigner Looking to Take Legal Action Against Deadbeat/Abusive Borro
    What kind of attorney? I'm having trouble narrowing down who to even talk to.
  • 05-03-2011, 05:35 PM
    Dogmatique
    Re: Student Loan Cosigner Looking to Take Legal Action Against Deadbeat/Abusive Borro
    Really, the only way to ensure your credit isn't harmed is by paying the loans yourself.

    The loan company doesn't care who pays - they just want their money.

    The bigger problem you'll have though, quite honestly, is collection : even if you're awarded a judgment (which might not be possible until the loans have been paid in full), if she's not working you'll have a hard time collecting.
  • 05-03-2011, 05:41 PM
    aardvarc
    Re: Student Loan Cosigner Looking to Take Legal Action Against Deadbeat/Abusive Borro
    And for the benefit of others who may be thinking of getting themselves in a similar jam...

    The moral of the story is that if you're not MARRIED to a person, thus giving you access to the process of DIVORCE, which can separate liabilities between parties, then you run the risk of having the debt tied to you forever, with only the process of suing and TRYING to successfully collect as your alternative. Willfully allowing yourself to be burdened with that kind of debt to benefit a person without those legal committments and protections, is just BEGGING for problems.
  • 05-03-2011, 05:44 PM
    doc_to_tha_oc
    Re: Student Loan Cosigner Looking to Take Legal Action Against Deadbeat/Abusive Borro
    Is there any kind of court order that will force her to pay the loans when she has the money, essentially like a garnishment, but without having to go into default (and only for her)?
  • 05-03-2011, 05:47 PM
    Dogmatique
    Re: Student Loan Cosigner Looking to Take Legal Action Against Deadbeat/Abusive Borro
    Not that I'm aware of - you co-signed, so you're equally responsible.

    They can come after you both, or just one of you.

    A writ of garnishment is very specific - it correlates to a specific debt, and is valid for a specific time period. They don't, unfortunately, work on an open-ended "whenever you have a job" basis.
  • 05-03-2011, 05:56 PM
    doc_to_tha_oc
    Re: Student Loan Cosigner Looking to Take Legal Action Against Deadbeat/Abusive Borro
    Is there any way to enforce a contract between the two of us that says she will do so? (Not involving the loan company or anyone else.)

    Do I have any options because she's been abusive and threatening?

    Also, can anyone please tell me what kind of lawyer I should be looking for if I want to sue her? I am really new at this and don't even know what I'm looking for. The lawyers on Yelp in my area all seem to be business law, bankruptcy, family practice, or criminal defense and I'm not even sure what to call the kind of lawyer I'm looking for.
  • 05-03-2011, 06:07 PM
    cyjeff
    Re: Student Loan Cosigner Looking to Take Legal Action Against Deadbeat/Abusive Borro
    Quote:

    Quoting doc_to_tha_oc
    View Post
    Is there any way to enforce a contract between the two of us that says she will do so? (Not involving the loan company or anyone else.)

    You already have that. Now you have to take her to court to enforce it.

    Quote:

    Do I have any options because she's been abusive and threatening?
    When you called the police to report her threats did you get a copy of the police report?

    Quote:

    Also, can anyone please tell me what kind of lawyer I should be looking for if I want to sue her? I am really new at this and don't even know what I'm looking for. The lawyers on Yelp in my area all seem to be business law, bankruptcy, family practice, or criminal defense and I'm not even sure what to call the kind of lawyer I'm looking for.
    A civil attorney.
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