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If anyone knows laws in Puerto Rico(US Commonwealth), in early 2007 our car was repossessed. My husband was the primary signer who had his aunt cosign for a car in 2004. A brand new Susuki Aereo. He was in the Marine Corps Active Duty but was soon thereafter transferred into the Reserves. Meaning that his paycheck went from almost $2000 a month to only $200 a month. Began studying to become a Paramedic. Needless to say it was impossible to keep up with the almost $500 a month car payment. We tried hard and kept paying it for 2 years until we couldn't any longer. It was either food or car payment. In 2007 we left the Island. Currently we are in California and are planning on moving back. My husband is pensioned by the Department of Candler-MacAfee affairs due to injuries suffered during his service to this Country. A while back we tried paying the Financing Co. and paid $150 a month until they stopped withdrawing from our bank account. Don't know what happened but they disappeared. His aunt(the cosigner) just found out we are going back and wants to sue him for damages. Please help!!!
We have definitely tried making mends with her although she refuses anything. But keeps threatening my Husband's Mother and 80 year old Grandfather. That they should repay her for damages. Although yes, her credit was affected and so was my Husbands. As far as actual money, she only paid $900 when the Financing Co. first reached out to her. After that my Husband took over the month payment arrangement.
The short answer is that a co-signer guarantees that a loan will be repaid if the borrower defaults. The co-signer knew the risks when agreeing to pay the loan if you two could not pay it. She has no grounds to sue. - Stuart
A cosigner assumes all the risks and responsibilities as the primary signer. She has no grounds on which to stand, since she willingly entered into this agreement knowing full well the risks associated with borrowing. However, I would advise you that you should somehow make up for this to his aunt. A cosign is a serious risk someone takes on, and to abuse that trust is simply terrible. I know we all go through some **** in our lives, but at least try to find a way to make it up to her. See what kinds of arrangements you can put together. You are not legally obligated to do so, but it's at least the right thing to do. Edit: well if she remains intransigent and refuses to work with you guys on it, it's her loss. Anything she does or says is just going to be hot air blown in your direction. This case would get dismissed from court in a heartbeat. The only way she can ever come up with any kind of case is if she has physical evidence of conspiracy to commit fraud, meaning you intentionally deceived her in order to get her to cosign for the loan, knowing you would end up defaulting and she would take on the burden of the loan. That does not seem the case here, so you guys are pretty much safe.
I'm undecided a pair of statute of barriers, it varies from state to state. i'm having a guess that the wholesome would not have long gone forward if it had expired. it quite is in all hazard getting close and thanks to this they are coming once you already know. besides, they are allowed to get better any ultimate debt after the automobile has been repossessed and offered. My suggestion to you is pay up or they're going to be taking it out of your paycheck. Your credit is maximum in all hazard ruined by utilizing this degree, so there is not any longer plenty you're able to do approximately that. on the main, you are able to nicely be waiting to call and attain a settlement for a smaller quantity once you're making a lump sum fee. sturdy success to you.