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I was dating a woman and everything was going fine. She

Hello. I was...

Hello. I was dating a woman and everything was going fine. She needed help from me to be a co-signer for her debt consolidation loan. I did so, then she decided to go back and live with her husband (whose credit apparently wasn't good enough to co-sign). Is there any way I can get out of this agreement and/or sue her for fraud?

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

She is located in Michigan. I am in Indiana.

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

Nothing yet. You are my first attempt. The credit union where the loan is says I can't get out of it.

Lawyer's Assistant: The Lawyer will be able to walk you through that. Anything else you want the lawyer to know before I connect you?

No, not at this time.

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Answered in 1 minute by:
7/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,316
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

I'm sorry to hear about this situation. Has she stopped making payments? Have you considered approaching her about refinancing this debt into her name alone?

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Customer reply replied 1 month ago
There has only been one payment necessary to this point and I believe that was paid this month. Yes, that's part of the problem. After she left me she placed a PPO out against me (for no good reason). It is preventing me from approaching her or contacting her. I will be appealing it in August. So I cannot speak to her about the loan or anything else. That's why I believe this might be fraud because she left me right after the loan got approved.

I see what you mean. So, it is possible that you could sue her fro fraud if you have reason to believe she only induced you to do this and had no intention of paying back any of this debt. But you would have to prove that through her actions and statements that this was the case and that can be difficult to do. You could sue her in small claims for this as well. Basically, the standard is if she made a false representation or an omission that otherwise induced you to co-sign, then you could file a small claims action against her.

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You may want to consider just writing a formal demand letter to her that she pay for her share of this. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

You may also want to consider negotiating with her once the PPO is over with to see if they can refinance in just her name.

There's always the option of bankruptcy.

You can always pay it as well and just be done with it, too.

How else can I help you today?

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Customer reply replied 1 month ago
What would I sue her in small claims for? The amount of the loan or just to get here to refinance it some other way to get me off of it?

It would probably be for:

1. Any hits to your credit report.

2. Any money you have had to pay as a result of co-signing for the loan

3. Attorneys fees and court costs, if any.

4. You could also request an order that you be indemnified if the creditor brings a lawsuit against the two of you meaning that you would be protected by her.

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Customer reply replied 1 month ago
The loan value is $2200 and it is all her debt. I owe nothing. I just signed so she should consolidate 5 of her credit cards through the credit union. Unfortunately, she has the paperwork with my social security number on it and I think she might try and use it to take out more credit or something worse. There have already been hits to my credit report for co-signing the loan and the car I bought for her (another story). Am I able to send her the formal demand letter while the PPO is in effect?

I understand. As a co-signer, you would be on the hook for her charges. I think you could send her the letter with the PPO, but it depends heavily on whether you are required to keep away from her physically or altogether. Your order will tell you for sure.

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Customer reply replied 1 month ago
it says I can't send her messages or be in her presence. I think her husband put her up to all of it. It's totally out of her character to do that. So you are saying I can't do anything until the PPO is dropped?
Customer reply replied 1 month ago
Also can I get a transcript of this conversation?

Understood. Ok, if that is the case, then you may be restricted from contacting her. You could still sue her in small claims for fraud even though there is a PPO because your right to sue hasn't been terminated; just your right to speak with her directly.If you sue, you may never have to speak with her directly and the court will make an exception.

I would recommend saving the website URL or logging back on and you can see the answers. Moreover, you could just copy and paste our discussion into a Word document.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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Customer reply replied 1 month ago
Sure...thanks for your help. If I need to speak to someone else further on this issue is this transcript saved on your end so they can review what has been said up to this point?

The pleasure is all mine! The transcript will be saved by the system. Your privacy is protected though. Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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  2. You can save me as a favorite if you would like.

  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

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Customer reply replied 1 month ago
Thank you very much!

You bet.

Legal Eagle
Legal Eagle, Lawyer
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Satisfied Customers: 14,316
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