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Mystry0724 · Aug 10, 2008, 05:15 AM

I co-signed a bank note for my brother, in New Hampshire, for $ 4000.00 (believe it was in 2001). He never made the first payment, then stopped all contact with me. I am not sure where he is living in the general area since I saw him at a wedding last night. Both late notices were originally sent to him at first, and by the third one, they finally started sending them to me. On top of the four grand, I paid at least 6-8 months of late fees, not to mention, at the time my credit was good, now however, and not ALL due to him, it is not worth any paper you may read. I have been trying to settle this, however due to recent circumstances and personal differences with my 19 year old daughter, he won't even speak to me and his so called girlfriend does nothing but try to pick a fight with me in public. I am 40 not in high school, so I hold my head higher, and show her who is the bigger person. I do not know if I can make him pay now, and if so how to go about it. I do have all of the original paperwork, late notices, etc. But since I don't know what the sol are here, and where he lives, I just don't know where to start. I would like him to pay all the interest accrued from the original note, the late fees, plus interest to me for waiting so long to resolve this. Can this be done? How would I go about starting it?
Thanks in Advance

Fr_Chuck · Aug 10, 2008, 06:05 AM

When did you pay off the last payment, there is a statue of limitation determined by your state law as to ability to go to court and collect.

So, this may well be within your small claims court limit, you go to the court and file a suit against him

Mystry0724 · Aug 10, 2008, 07:22 AM

I believe it has been at least a year later from the original loan, and I did pay it off early. I said, I have all the paperwork, however, not here with me right now. It is accessible though. Thank you.

this8384 · Aug 12, 2008, 02:30 PM

SOL in New Hampshire is 3 years: Statute of Limitations - Open accounts for debt collection

SOL starts on the last date that you received a payment from your brother. You may or may not be able to collect because when you co-signed, you guaranteed that you would pay the loan if and when he defaulted and unfortunately, there was no guarantee that you would be reimbursed when he did.