Legal Question in Credit and Debt Law in New York

My boyfriend cosigned a student loan for his niece. He is getting notices that payments are late. If he is not able to get her to deal with this responsibly can he take her to court and sue for the payments if he has to start making them or is there any other legal recourse?


Asked on 1/25/11, 4:57 pm

1 Answer from Attorneys
Paula McGill Attorney at Law

If he makes payments to protect his credit, he can sue her later for for the money. He can sue her for breach of contract and attempt to get all the payments up front on an anticipatory breach. However, I'm quite sure she is running late because she doesn't have the money.

This is one of the reasons why people shouldn't cosign for others.

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Answered on 1/30/11, 1:20 pm


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