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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26154
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My daughter is age 26 active duty and very close to completing

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My daughter is age 26 active duty and very close to completing her 5 year and then discharging. She has fantastic credit. She purchased a motorcycle and then later a car. She has been faithfully paying and continues to do so. The problem, she tried helping a person (she thought was a friend - nonmilitary) and co-signed on a vehicle. He has dropped out of sight, along with the car. She doesn't care where this guy is but since she doesn't know where the vehicle is, she has stopped paying on the car but continues to contact Wells Fargo about the loan. She would rather let them possess the car with hopes that it would be found before she pays on it. The military hasn't offered her any legal advice and we're not sure what legal rights she has.
Submitted: 10 months ago.
Category: Military Law
Expert:  P. Simmons replied 10 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I am sorry for this dilemma...and sorry the military legal assistance is not helping her. They should.

Though I fear that what they tell her will not help her much.

If she is a cosigner for this loan, she is liable for the loan. And the liability is considered "joint and several"

This means that she is liable for the entire amount of the loan if it is unpaid.

And her military status will not help her much...while there are rules that apply to protect her from being pulled into court while she is deployed, there are not any rules that would limit the lender from forcing her to pay the entire amount due.

Now...she will have recourse against the person who she helped out. If she is sued, she can sue this person and make them pay her. But the military can not help her with this...nor can they help her defend a lawsuit from the creditor.

What to do?

If she does not pay, the lender can sue her to force her to repay any money owed on the car.

She may want to track down this guy...then sue him to recover the money she is loosing because of this mess. It is a mess.


Please let me know if you have more questions...happy to assist if I can
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26154
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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