Legal Question in Civil Litigation in Georgia

I signed for a loan for a friend. What steps can I take to have the motorcylce return or make the friend be responsible for payments. She has not made payment since January 2010 and will not return the motorcycle.


Asked on 7/06/10, 3:36 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You have learned the hard way that it is always foolish and dangerous to cosign loans. You have no right to compel him to return the motorcycle (which would actually be a bad move making you liable for the whole deficiency) and you can be sued for the whole balance.

When a lender asks you to cosign, YOU are liable and they have in effect told you they don't think he'll pay which is why they want you on the hook.

You will either have to pay it off or go bankrupt and have learned an expensive lesson.

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Answered on 7/06/10, 6:43 pm

I am afraid that Attorney Ashman is correct. Co-signing is always a bad deal as you get all of the burdens and none of the benefits. If she does not pay, the lender will repossess the bike, sell it at auction and then come after you and her for the balance. See if she will transfer title to the bike willingly so that you can take over the payments and hopefully sell it. If she will not, then start saving your money. This debt is probably not worth going bankrupt for if it is your only debt.

NEVER EVER CO-SIGN For anybody, not even your mom. Better for you to just give them the money as a gift so that they can make a bigger down payment or else get a promissory note if you want paid back.

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Answered on 7/07/10, 2:03 pm


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