I am a cosigner on a student loan and the lender is currently suing me and the primary borrower for payment. I filed an answer to the complaint, but I wanted to know is it too late to file a cross-complaint against the primary borrower? Can I file a cross-complaint or do I have to file a seperate lawsuit against the primary borrower?
As long as your have not received a trial date or the discovery period has ended you may file a motion to amend your pleadings and file the cross complaint.
You need to make a motion to get the Court's permission to amend your answer and file a cross-claim. Here is the link to NJ Courts self help website http://www.judiciary.state.nj.us/prose/index.htm
The above answer is only for information. This answer and any response does not create an attorney-client relationship between the parties and the communication is not privileged and confidential. The best course of action is to consult with a lawyer about your specific case. If you need to contact me, please call at 212-537-6936 or email at [email protected]
Yes, you need to and should file cross-claim against primary borrower. Depending on timing you will probably need file a motion to allow this. Usually will be granted unless too late in case. You need not file a separate case and that might jeopardize your rights. I recommend you obtain counsel immediately. I am not your counsel and no attorney client relationship exists between us.
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