I co signed a student loan for my son. He is not paying. Can I take him to court?
1 Answer from Attorneys
Not to get him to pay. You can pay the loan and then take him to court, but is that really what you want to do to your son? And even if you do take him to court, how are you going to collect? Where does your son live? In PA or elsewhere? There is no wage garnishment in PA. What assets does your son have? Is he married? The answers may affect your ability to collect as well.
Co-signing is a bad deal especially for student loans. These things are not dischargeable in bankruptcy. Is this a private or public/federal student loan? If private, then the statute of limitations may apply and if the lender does not sue you with the limitations period, then it will be very difficult for the lender to collect. Also, the lender will have to get a judgment before they can try to collect. With federal student loans, there is no statute of limitations and the federal authorities have the ability to garnish pay, even absent a judgment.
It is very unfortunate that your son has placed you in this position. But why is he not paying? Does he have money or work and just refuses or is he unemployed? He really needs to step up to the plate and try to work things out. If that does not happen though, you will need to make arrangements because co-signing affects your credit and the lender can go after you.