• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

sfo

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

093080J

Junior Member
What is the name of your state (only U.S. law)? South Carolina
I signed as surety for my daughter on a Teacing Fellowship Loan in 2000. It paid for 4 yeras of college and she was to teach in SC for 4 years to pay it back. SHe did not complete college nor has she taught the requisite 4 years to repay the loan. She has not made any payment on the loan at all. I was just contacted and told that I owe $43,000 by Ocotber 5th or my wages and tax returns will be garnished, along with my husband's. They finally got in contact with my daughter, whom I have no contact with, and told her she must repay the loan intotla by October 5th or they will come to us. She is 30 years old, has a job, lives on her own and yet they can still come after us? She offered to pay it in monthyly payments, and they refused, telling her it hd to be pain in lump sum or we would be held responsible. Is there any way to make them take HER MONEY instead of coming to us for repayment? She cannot get a loan for $43,000!
 


Humusluvr

Senior Member
What is the name of your state (only U.S. law)? South Carolina
I signed as surety for my daughter on a Teacing Fellowship Loan in 2000. It paid for 4 yeras of college and she was to teach in SC for 4 years to pay it back. SHe did not complete college nor has she taught the requisite 4 years to repay the loan. She has not made any payment on the loan at all. I was just contacted and told that I owe $43,000 by Ocotber 5th or my wages and tax returns will be garnished, along with my husband's. They finally got in contact with my daughter, whom I have no contact with, and told her she must repay the loan intotla by October 5th or they will come to us. She is 30 years old, has a job, lives on her own and yet they can still come after us? She offered to pay it in monthyly payments, and they refused, telling her it hd to be pain in lump sum or we would be held responsible. Is there any way to make them take HER MONEY instead of coming to us for repayment? She cannot get a loan for $43,000!
This is one of the pitfalls of co-signing on a loan for someone irresponsible. If she is refusing to repay the loan, then they come to you. Your best bet is to keep in contact with the loan company and encourage them to go after your daughter. Provide them with all the details you can about her location, work, or assets. Get in touch with your daughter, and encourage her to pay her loan, so you aren't stuck with it. Because, ultimately, your daughter took the money, and the loan company is going to get it's money from someone.
 

Zigner

Senior Member, Non-Attorney
Another alternative is for our OP to pay the amount due and sue the daughter for it. Then the OP can collect from the daughter.
 

Humusluvr

Senior Member
Another alternative is for our OP to pay the amount due and sue the daughter for it. Then the OP can collect from the daughter.
That's true, but if the daughter isn't paying the loan company, you can't squeeze blood from a turnip. Mom is likely SOL.
 

Zigner

Senior Member, Non-Attorney
That's true, but if the daughter isn't paying the loan company, you can't squeeze blood from a turnip. Mom is likely SOL.
Mom doesn't want the lender to come after her for the money. Mom is trying to make the company go after the daughter, even though Mom signed as guarantor on the loan.

The simple fix is to remove the lender from the equation.


(I'm trying to make a point here - albeit a bit round-a-bout)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top