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I was served papers for cosigning a vehicle that they didn't

I was served papers for...
I was served papers for cosigning a vehicle that they didn't pay on and totaled on purpose. I want to dispute this or challenge this. I do not want to pay for this and I talked to a recruiting officer for the army, since he is going to be leaving in January and they said if I take him to court he cannot serve in he Army. Is there anyway I can fight this?
JA: What state is this in? And how old is the car?
Customer: it is in Rochester NY and the car was purchased I think May of 2016
JA: Have you talked to anyone in the chain of command about this?
Customer: I am not sure who I should talk to I tried ESL because the vehicle payment was through them but they were no help.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that is about it.
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Answered in 2 minutes by:
11/14/2017
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,730
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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If you are being sued by the creditor and you cosigned, then your recourse is to countersue the other person and make them a defendant as well. So if the agreement was that the other person would make the payments and you were just backup, then you can sue them for anything that you might end up having to pay as a cosigner.

.

But when you cosign for a debt, if the other person defaults, then legally the creditor can come after you for payment. Your recourse is to go after the borrower for anything you have to pay.

.

.

thanks

Barrister

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Customer reply replied 11 days ago
Thank you for the quick response. He was served papers as well, so I just have to countersue him? And that still means I have to pay it? I have proof stating he totaled the vehicle on purpose, I tried to get him to sign the title over to me but refused to.

Unfortunately, the creditor will get a judgment against both of you, and then you would have to sue him for anything that you end up paying if he doesn't pay off the debt..

.

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Customer reply replied 11 days ago
ok thank you for your help.

You are very welcome. Happy to help any time, even though the news is kind of lousy...

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

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Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,730
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Category: Legal
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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