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I cosigned on a student loan. The Student failed to make…

Customer Question
I cosigned on a...

I cosigned on a student loan. The Student failed to make payments to the lender. I paid the student loan off. I have a copy of the loan agree we signed and my payment history with the lender to prove I paid the loan. Do I have to have a separate agreement with the student that he was going to pay me back if he default and I had to pay his loan? we live in Maryland. Can I sue him?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Maryland

Lawyer's Assistant: Have you contacted the manufacturer?

This was a private bank lender (Wells fargo)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 4 months ago.Category: Consumer Protection Law
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Answered in 1 minute by:
11/30/2017
Consumer Protection Lawyer: Gerald, Esq, Attorney replied 4 months ago
Gerald, Esq
Gerald, Esq, Attorney
Category: Consumer Protection Law
Satisfied Customers: 5,103
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Consumer Protection Lawyer: Gerald, Esq, Attorney replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You would have to have an agreement with the student that he would pay you back. The agreement may not necessarily be in writing. It would be better if it was. Even without this you can sue under the legal doctrines of unjust enrichment and implied contract.

During the course of the litigation you could settle with the student for payments overtime. If you do so get that settlement agreement in writing. That would be a separately enforceable agreement.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 4 months ago
He had only verbally agreed to pay me back (make payments to me) but has never done so. If he does not appear for court can I get a default judgment because he didn't appear? Is there an statute or case law that says I need a separate agreement?
Consumer Protection Lawyer: Gerald, Esq, Attorney replied 4 months ago
The oral agreement is valid. If he fails to appear you can obtain a default judgement.The primary obstacle for you may be the statute of limitations.
In Md it is 3 years. This means you must sue within 3 years of his breach of the oral agreement.
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