student loan I co-signed

by Wendy
(Orlando, Florida)

when I was with an ex bf he had me sign a piece of paper stating it was for emergency contact information, come to find out it was for co-signing his student loan which is a private loan, now its on my credit report, I am working with the agency and will have to pay $1000 to get my name off the loan and have it removed from my credit report,can I sue my ex bf in small claims court over recouping the money I am paying since I was falsely made to sign paper?

Comments for student loan I co-signed

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Dec 10, 2011
student loan I co-signed

There is nothing to prevent you from suing your ex in small claims court. The issue is whether or not it's worth the time and effort to do so given how likely it is that you would not only win the lawsuit, but also be able to collect the money from your ex if you did.

You see, if your ex shows up in court for the hearing and if the judge decides in your favor, it's unlikely that your ex will give you $1,000 on the spot. Therefore, you will have to try to enforce the judgment (collect the money from your ex), which means that you will have to get permission from the court to have your ex's wages garnished, to put a lien on or take an asset he might own (assuming he owns any non-exempt assets -- assets that can be taken by a creditor), or to take money from his bank account. Doing all of this will involve more of your time.

I realize that you are angry with your ex boyfriend, but it may not be worth filing a lawsuit over the money you are having to pay, especially in light of the fact that unless you can prove that you were coerced into signing the paper, I think it would be difficult for you to win the lawsuit. From what you have indicated it sounds like you are as much at fault for what happened as he is because you did not read what you were being asked to sign before you signed it.

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