What legal options does a cosigner have?

Asked over 4 years ago - San Antonio, TX

I never agreed to be a cosigner for a person that i met at a party. She happens to be my roommates friend. She used my info to be a cosigner. She made payments on her loan and has since defaulted. Now I am receiving calls from a collection agency and this has ruined my credit! She begged me not to file fraud charges and wrote me a note promising to repay the loan. A lawyer told me that I should not be liable and it should be her. But I want a second opinion. Do I stand a chance if I sue her to be removed from the loan?

Attorney answers (3)

  1. Andrew Thomas Hawkins

    Contributor Level 11

    Answered . I will second the advice of the previous post. If you did not actually sign as a cosigner, you have no actual liability; however, you will likely need a lawyer to help you prove that you did not sign. I would also consult with your local police department. If she is prosecuted for fraudulently signing your name, that may be enough to show the holder of the note or a collection agency that you are not a proper party.

    Good Luck

  2. Edgardo Rafael Baez

    Contributor Level 18

    Answered . Since you did not sign nor intended to cosign, you cannot be held liable for the debt. Contact a local attorney.

  3. Joe B Stansell

    Contributor Level 11

    Answered . Your lawyer's answer is correct. If you didn't agree to co-sign for the loan, you can't be held responsible. You do, however, have a fairly difficult road ahead of you to marshall the evidence that you didn't sign on the loan. And unfortunately for you, the person responsible for the fraud is likely "judgment proof" and therefore unable to make you whole for your losses.

    I recommend you retain a lawyer to help you sort this out sooner rather than later.

    Good luck.

    Disclaimer: The answer to your question does not create an attorney-client relationship, and is for informational purposes only. You should consult your attorney for legal advice tailored to your individual circumstances. The answer is not, nor is it intended to be, legal advice.

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