[charmed1978]

Co-signed for family member for loan on purchase of item. Family member paid randomly, but not always. Loan was paid in full, but I had to pay out of my pocket at times to keep from defaulting on loan. Filed small claim for unpaid "personal" debt. Is this strong enough case to win?

[this8384]

It all depends on what the judge thinks. All you can do is try. Let us know how it works out for you.

[passmeby]

Ah, that would be lying. If you co-sign, you are obligated to pay, there's nothing wrong with them making YOU pay, YOU co-signed, even though it's not morally right what this family member did, it's legal technically. You signed a paper that said basically "If Fred doesn't pay, I will, and he doesn't have to pay me back if I do end up paying".

What you want to do is lie and make up a case which is wrong. It would be perjury and that is illegal and punishable.

You really should just talk with this family member, urge them to pay you back. Do you REALLY need the money, as in are you having hard times? If so, mention this. Bug them, but don't cross the line to harassing them. If you know when they get paid, magically show up at their house. Do they have something that you want that you might take in trade? Maybe if you bug them enough, you could get at least something in trade out of them.

Remember, they needed a co-signer because they had bad credit. That means they didn't pay other people back. What exactly made you think that they'd pay YOU back?

Pardon me, they might have had NO credit, but I'm banking on BAD credit.

[this8384]

Ah, that would be lying. If you co-sign, you are obligated to pay, there's nothing wrong with them making YOU pay, YOU co-signed, even though it's not morally right what this family member did, it's legal technically. You signed a paper that said basically "If Fred doesn't pay, I will, and he doesn't have to pay me back if I do end up paying".

What you want to do is lie and make up a case which is wrong. It would be perjury and that is illegal and punishable.

You really should just talk with this family member, urge them to pay you back. Do you REALLY need the money, as in are you having hard times? If so, mention this. Bug them, but don't cross the line to harassing them. If you know when they get paid, magically show up at their house. Do they have something that you want that you might take in trade? Maybe if you bug them enough, you could get at least something in trade out of them.

Remember, they needed a co-signer because they had bad credit. That means they didn't pay other people back. What exactly made you think that they'd pay YOU back?

Pardon me, they might have had NO credit, but I'm banking on BAD credit.

I won't give you a reddie for this, but you're completely wrong.

If the OP goes into court and says, "I cosigned, ended up having to pay their loan and now I want my money back" that is not perjury. The judge can decide if the OP is entitled to a refund or not.

This is dangerous advice, especially from a legal aspect.

[ScottGem]

In an e-mail to me (and I do not respond to e-mails sent without permission, you can use PMs) you stated "Most times when I answer I am very sure of myself,". But I've just responded to two posts of your where you were very wrong (this being one of them). So you need to research a lot more carefully before you respond.

That it is perfectly legal AND not uncommon for a co-signer to sue when they have to make payment. Whether the OP needs the money or not is not an issue.

The only part of your post that made any sense is your point that the fact that they needed a co-signer indicated they may default.

[ScottGem]

Co-signed for family member for loan on purchase of item. Family member paid randomly, but not always. Loan was paid in full, but I had to pay out of my pocket at times to keep from defaulting on loan. Filed small claim for unpaid "personal" debt. Is this strong enough case to win?

If you have proof that you made the payments and if you were truly a "co-signer" and no a co-borrower, then you should win.

A co-signer is a guarantor of the loan. A co-borrower is just a second borrower. So you need to read the contract and see how you signed.

Even as a co-borrower, though, if you can show she received the full proceeds of the loan and had agreed to make the payments, you can still win.

[passmeby]

Pardon me, but as I read the post as saying that he wanted to lie and say he made a personal loan to the other party.

Filed small claim for unpaid "personal" debt. Is this strong enough case to win?

I guess I misread him? I thought he was saying he was going to make up a story that he loaned this person money and didn't get it back.

He should come back and say what has written in his court documents as the basis for the suit, because it relly is unclear.

[this8384]

Pardon me, but as I read the post as saying that he wanted to lie and say he made a personal loan to the other party. I guess I misread him? I thought he was saying he was going to make up a story that he loaned this person money and didn't get it back.

He should come back and say what has written in his court documents as the basis for the suit, because it relly is unclear.

In repaying a loan that wasn't his, the OP incurred a debt and did, in fact, give their family member a "personal" loan.

It doesn't matter what he wrote in his court documents because the judge is going to question both of them and it will come out, one way or the other, how the "loan" was made.

[ScottGem]

Pardon me, but as I read the post as saying that he wanted to lie and say he made a personal loan to the other party.
Quote:
Filed small claim for unpaid "personal" debt. Is this strong enough case to win?
I guess I misread him? I thought he was saying he was going to make up a story that he loaned this person money and didn't get it back.

He should come back and say what has written in his court documents as the basis for the suit, because it relly is unclear.

Sorry, this was unclear only to you. Yes, you completely misread (but that doesn't seem to be unusual for you). The simple fact is that OP co-signed a loan that he had to make payments on to keep current. That gives him the right to sue the primary borrower for what he had to lay out.

[this8384]

Sorry, this was unclear only to you. Yes, you completely misread (but that doesn't seem to be unusual for you). The simple fact is that OP co-signed a loan that he had to make payments on to keep current. That gives him the right to sue the primary borrower for what he had to lay out.

What would you know... you're only a "computer expert" ;)