Legal Question in Credit and Debt Law in Pennsylvania
What legal actions can a co-signer take on the first party?
My close friend who lives in Pittsburgh cosigned on a car loan for her ex-
partner in Pittsburgh and has recently received notice of defaults by the first
party. She tried to contact the first party and was unable to locate her until
finally a family member of the first party replied saying that the ex-partner
had moved to Florida, taken the car, and did not want to re-finance the car,
taking my friend off the loan. It is likely that the ex has bad credit and would
get a very bad financing rate. However, she has defaulted and otherwise has
made slow payments. My friend asked that the car be returned to Pittsburgh
so that she could sell it, but the ex will not oblige. Are there any legal actions
that my friend can take? For instance, can she 1) legally force her ex to return
the car to Pittsburgh, PA, since she left the state without consulting her? or
better yet, 2) can she legally force her ex to re-finance the car to get her off
the loan?
Finally, as her friend, how can I help her in this situation?
1 Answer from Attorneys
Re: What legal actions can a co-signer take on the first party?
This question involves the law of Pennsylvania and/or Florida, neither of which I am licensed in. That said, I don't think that either of the alternatives you mention can be done.
Your friend could file a lawsuit against the ex partner to recover any amounts that your friend becomes obligated to the seller for.
Though you would have to consult with an attorney in those states, I believe that a suit could be filed in Pennsylvania, since that's where the transaction originally happened, or in Florida, since that's where the ex partner is now. It would probably be better to file suit in Florida, since a Pennsylvania judgment would have to be transferred to Florida to be enforced anyway.
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