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  #1  
Old 06-11-2005, 01:36 PM
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? on defaulted auto loan

My mother lives in WI and cosigned a loan for my uncle. he defaulted on the loan and she is just now finishing making the payments on his truck.
My question is, can she sue him in small claims court for the amount that she paid for him? She thinks that because she cosigned she somehow gave up her rights to ask for this money back.
Any advice would be appreciated!

Foxfire
  #2  
Old 06-11-2005, 01:54 PM
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Location: Nashville,TN
Posts: 15,706
She can try to sue him, but I doubt she would prevail. When she agreed to be the co-signer, she agreed to be liable for the payments if the primary defaulted. Besides, if he couldn't make the truck payments, how is he going to pay her if she wins a judgment ???
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  #3  
Old 06-11-2005, 02:01 PM
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? on defaulted auto loan

she plans to garnish his wadges since he has the ability to pay but chooses not to.
  #4  
Old 06-11-2005, 03:18 PM
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my uncle has posession of the vehicle.
she has made about 40% of the total payments on the vehicle and for a while he was paying her back but now he has stopped again and shows no signs of intending to pay her back the last year's payments.
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