What action can I take against my daughter regarding money that I have to pay on a loan that she took outbut I co-signed for?

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What action can I take against my daughter regarding money that I have to pay on a loan that she took outbut I co-signed for?

She is a 40 year old adult with a job and no one but herself that she is responsible for. Concern for my credit score is why I am paying on the loan but feel I should have some recourse to recoup the money from her when she able to pay it herself.

Asked on October 24, 2010 under Bankruptcy Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are correct to worry about your credit score, since you are as legally liable for the loan as she; also, if the loan is not paid, the lender has the right to sue either or both of you.

You probably should be able to sue your daughter for her contribution, based on the loan which you both signed. However, to recover from her, you would need to sue--there  is no other mechanism to get it from her. If you sue her and she will not pay, you could then potentially look to use of several techniques to recover it, such as garnishment wages or putting a lien on property. You should consult with an attorney, who can help you understand your options and also the cost of pursing them. Of course, if she has no money, then no matter what your legal rights, you will be unable to recover.


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