co signer on student loan

I co signed a student loan for a coworker/friend almost two years ago. I know that I am financially responsible to the state of Alaska for repayment of the loan if the signer does not pay. I have been making the payments on this loan since May '00 b/c the signer quit paying all his student loans. Do I have a legal right to recover the amount of payments from this person in small claims court? I thought about not paying so that the loan would go into default and they could collect against him, but after talking to the loan office I found out that not only would they garnish agianst him but against me also. Since I am a state employee, this would not be hard for them to do. Also, in order for them to garnish his permanent fund dividend (received yearly by all residents) they would also have to garnish mine. I value my credit (and dividend enough to keep any garnishment off of it (also a garnishement could severely affect my ability to get a job in my field). Also, I have tried to initiate the small claims process in my state, but since I do not have a home mailing address I cannot notify the person in writing that I intend to sue him. I sent a letter to his place of work, but they sent it back as "person not at this address" yet they take messages for him when I call Should I just file anyway, and then use a process server? Also, he is 400 miles away from me, and I think I have to file in that area's court (same state). Can I also ask for travel expense, missed work, in addition to the payments that I have made on the loan? I'm already out $350, and yes, I know never to extend a helping hand to another human being again for the rest of my life That's sad. Thanks for any answers-I do appreciate them.

When you file against him you will most likely need a good service address for the process server to serve him. Have you sent him anything to his last known address and not received it back. That is a good indication that he is still there. When you file, you can list certain items, check your small claims form to see what it says. There shouldn't be a problem filing where you are, you can always ask the court clerk, altho they don't seem to give out answers like these. (but try anyway)

If you should need any further assistance, I can see what I can do for you.

Also I am sure you can sue this person for a student loan gone default, might want to check with a lawyer or federal and state statutes. And one last thing, if you win, it is your responsibility to collect the money, over 80% of judgments go uncollected. I can help tho!