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I cosigned for a loan and the friend has disappeared and…

Hello. I cosigned...

Hello. I cosigned for a loan and the friend has disappeared and stopped paying. Can I sue her for all of the payments I've made?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I'm now in Ohio, but we both lived in Michigan at the time.

Lawyer's Assistant: What steps have you taken so far?

It's a private student loan. There is a comaker release form but she won't fill it out to remove me.

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

That's about it.

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Answered in 1 minute by:
3/22/2018
Nisha Jones
Category: Legal
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 5 months ago
Ok. Thanks.

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Thanks for your patience while I typed up my response!

Yes, you can sue your friend for defaulting on the loan.

You most likely can file a suit in small claims court.

However small claims courts cap out around $8000 - $10,000 so depending on the total sum paid you may end up needing to file through civil court.

You did sign off on the loan as a co-signer so you unfortunately did voluntarily accept liability for the loan in the event that it was defaulted.

However if your friend has disappeared and is simply being negligent or irresponsible with regards ***** ***** loan, then it is likely you can obtain a judgment in your favor.

Do you know of your friend's whereabouts?

You'll need to file suit in the county where they reside, as they would have jurisdiction over your former friend.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Legal
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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Customer reply replied 5 months ago
Thank you!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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