My sister seems to be filing to sue me here in CA from TX for a student loan she cosigned for. I have her consigned form with her signature on it. I have not defaulted, just been late a few times over the past 2-3 years. I've entered into a reduction program and as of now, successfully brought it out of late-fees. The loan is from the original lender and again, I've never defaulted. I am still making monthly payments and still owe a large sum. How can she sue me for current bill? What are my options? I don't have money for a lawyer and I'm still making monthly payments. She sent in over $12k in payments w/o my knowledge to the lender and is suing me for amount she's paid so far.. any advice would help.
Debt Settlement Attorney
A question remains as to the relationship between you and your sister, and whether she has any recourse against you for making voluntary payments without your consent or knowledge. Do you have a written agreement to pay her back for money expended? Did you think she was co-signing the loan out of the goodness of her heart to help her sister?
Is she a guarantor against your default or simply a co-signer?
There are a lot of questions that need to be answered before she can prevail against you. Legally this is not a simple matter. You should have a lawyer, especially if your sister has one.
Debt Collection Attorney
Without seeing the contractual agreement, this is a factually complicated case. Are you sure that you have been sued? Have you checked the register of actions? Have you been served? If you have been served, the clock has started ticking to respond to the complaint with an answer. Feel free to contact our offices immediately for a free consultation on your rights - 858 900 7342. Good luck!
Hyde & Swigart is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 858 900 7342 , or through one of the evaluation forms on this site.
Your sister cosigned, so you obviously had a good relationship at some point. Did you consider spending the $$ on a phone call?
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.