how to file a suit?

[suki]

Need help quickly!

I'm in State of Michigan. Two years ago my friend(now ex- friend) asked me to do a favor to his relative and co-signe for a car loan.I said that I don't even know his relative and that I cannot do it. He said that he knows his relative and that he's a good and honest man.Moreover, he signed in written statment that he'll take full responsibility if something goes wrong.And that happened. His relative ran away , leaving $5,515.00 unpaid balance. I was in court and of course I have to pay that amount.My question is: What is my chance to win if I'm going to sue him with that legal document that he signed to me? And do I need a lawyer?
Thank You! Please respond ASAP!

[Edited by suki on 07-03-2001 at 12:48 AM]

 

[JETX]

Chances against who???

If you are asking about your chances against the 'ex-friends' relative (the other co-signer), assuming you have all your records, the chances of winning are fairly good.

However, if you are asking the chances if you sue the 'ex-friend' based on a "written statment that he'll take full responsibility if something goes wrong", it would depend entirely on what was written and whether it was a valid enforcable contract. (If it simply says, "I will be responsible" or such, it may NOT be a valid contract since it may not have 'mutual benefit').

If you are considering taking action against anyone, your best bet would be the person who benefited from your co-signature.

And, as usual, the decision to sue or not is only one of many that should be considered. The most important issue besides whether you have a cause of action is 'can you enforce the judgment if you win?'. And only you can determine the answer to that one.