Can a co-signer be held fully liable for a bill?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a co-signer be held fully liable for a bill?

My mother died about 1 1/2 years ago. I have been paying the funeral home as I can and have paid most of it even by getting loans. I still owe $1750 on the bill. Both my brother and I signed the funeral papers when my mom passed. She had insurance but it wasn’t over 2 years old. So we were left with the expense. My brother has not paid a dime on the bill and I have paid most of it. Can I still be sued.

Asked on January 14, 2013 under Bankruptcy Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless otherwise specifically provided (read the papers that you signed), a co-borrower on a contract can be held liable for 100% of any amounts owed under it. This is called "joint and several liability". Accordingly, you can still be sued no matter how much you have paid to date.

However, you are not without legal recourse here. You can sue your brother in small claims court to recoup any monies that you have paid out on his behalf. Just be sure to bring a copy of the contact and any other papers that you signed with the funeral home, your receipts for the payments that you made and any other relevenat documents.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption