Legal Question in Civil Litigation in Maryland

Cosigner

I cosigned for a personal loan and the Primary will not pay but has the means to pay. If I let this go to collection will the primary be the one they collect from ? Is there any recourse for me ?


Asked on 11/20/05, 8:14 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Cosigner

They will come after you, unless they feel they can't collect anything from you. As a cosigner, you stand in the same shoes as the primary debtor. If you are sued, you should file a claim against the primary. If he/she was also sued by the creditor, your action against the primary would be called a cross-claim. If the creditor sues you only, your claim would be known as a third party claim against the primary. If you are found liable to the creditor, you would receive a judgment for contribution or indemnification against the primary, which you could then use to collect from the primary's bank account, garnish his wages, etc.

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Answered on 11/28/05, 11:46 am


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