Cosigner Stuck Making Loan Payments

[JollyRanger]

What is the name of your state? New York

I stupidly cosigned for a student loan for someone I thought was a friend who lives and works in New Jersey. She started making payments but stopped and I’ve had to make payments for the last 5 months to avoid any adverse affects to my credit. She doesn't return my phone calls but I call every month anyway and leave her a message more so that I can have proof of calling her rather than expecting her to return my calls.

My question is can I take her to court and sue for the remaining balance of the outstanding loan now (without paying it off) or do I have to pay the loan off first THEN sue her for what I paid out? Also, if I do sue her and win the judgment, what are the chances of me being able to get my judgment from her by having her wages garnished?

 

[JETX]

My question is can I take her to court and sue for the remaining balance of the outstanding loan now (without paying it off) or do I have to pay the loan off first THEN sue her for what I paid out?

Depends. If you want to sue in small claims court, you can ONLY sue for your current damages (the amount you have paid on her behalf).
If you want the expense of an attorney and a higher court, then you can include future damages.

Also, if I do sue her and win the judgment, what are the chances of me being able to get my judgment from her by having her wages garnished?

If you get a judgment AND if she is working AND if you know where she is working, THEN yo can ask that her wages be garnished. How successful that might be... no one can answer that.