If I just received a summons from my car lender, how do I answer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I just received a summons from my car lender, how do I answer?
I co-signed for my grandson. I He realized after a month or 2 that he couldn’t keep up payment and surrendered the auto. It was sold but they said that half of the auto cost was still owed. I am 72 and have been supporting a son and grandchild, plus medical bills for myself after having 2 mini-strokes and after care from colon-rectal cancer. My grandson left the state and now lives with his new wife and child. I haven’t an address for them yet. What do I write and how as an answer to this summons?
Asked on November 16, 2010 under Bankruptcy Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you cosigned the loan, you really don't have a defense to the case--a cosignor can held liable for the full amount due under a loan. (Either signor could be held liable.) You should submit an answer, otherwise you'll be in default and lose automatically. For exactly what you should write, you would need to actually consult with an attorney for legal advice--advice specific to your summons cannot be provided in this forum, since you are not a client of any attorney here. As a general rule, one thing that can be done, at least to buy some time, is to deny elements of the other side's summons and complaint--you can make the plaintiff (the one suing you) prove their case.
However, that would just buy time. Ultimately, as a cosignor, you effectively don't have any defenses to the loan unless you feel it was fraudulently induced or the lender did not perform their obligations in some significant way.
You can sue your grandchild for his share of the payments. You may also wish to consider bankruptcy as an option for after a judgment is rendered against you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.