I SIGNED AS A GARANTOR FOR MY NEPHEW SO HE COULD MOVE INTO HIS APT. TO START COLLEGE OUT OF STATE. I WAS NEVER SUPPOSED TO PAY

Asked over 1 year ago - Montgomery, AL

ANY RENT BUT SO FAR I HAVE PAID BOTH THE DEPOSIT AND 5 MONTHS RENT. CAN I SUE HIM AND HAVE A JUDGE PUT A LEIN ON HIS NEXT DISBURSEMENT LOAN SO HIS APT. RENT WILL BE PAID UP UNTIL THE LEASE IS OUT AND ALSO MAYBE GET SOME OF MY MONEY BACK..

Attorney answers (4)

  1. Kimberly Michelle Perkins

    Contributor Level 9

    3

    Lawyers agree

    Answered . No, you can not put a lien on his student loan disbursement.

    No representation is made that the quality of legal services to be performed are greater than that of any other... more
  2. Stuart Gregory Steingraber

    Contributor Level 18

    4

    Lawyers agree

    Answered . It is not wise to be a co-signer for a relative (or anyone else) unless you are prepared to make good on your promise to pay when called upon to do so. The transaction would not have proceeded if you refused to be the co-signer, so you have no one to blame but yourself. Of course you can sue him if you are prepared to become the family "villain". Satisfying any judgment depends on the laws in your state, so a lien on a student loan disbursement depends on whether or not such income can be exempted.

  3. Celia R Reed

    Contributor Level 20

    3

    Lawyers agree

    Answered . A guarantor guarantees payment for someone else if they don't pay. So if your nephew doesn't pay, your are responsible as guarantor. You will need to work out repayment with your nephew unless the two of you have your own agreement regarding reimbursement.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  4. Brandy Ann Peeples

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . When you signed as a guarantor, you agreed to step into the shoes of your nephew if he failed to adhere to his obligations under the lease agreement. The language of the guaranty agreement dictates your obligations and remedies. Thus, your saying -- "I was never supposed to pay" isn't really true because you did sign a guaranty agreement. You knew the risk that you'd have to pay rent in the event your nephew didn't. And presumably, you voluntarily agreed to accept that risk.

    If you do not have an express agreement with your nephew it may be more difficult for you to sustain a cause of action against him for breach of his agreement and recover any monies from him -- especially in light of the fact that you committed yourself to the landlord via the guaranty agreement. You might be able to sustain a lawsuit on the grounds of contribution -- but even then, it may be difficult to collect monies from your nephew.

    Consult a local attorney to review your paperwork to determine what, if any, remedies you may have.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more

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