Q: My father in law is threatening to sue my husband and I.
He co-signed a loan 9 years ago. My husband got laid off from his job and couldn’t make the payment payment anymore. When we tried to reach out to him he had changed his number. Then we found out his new number and contacted him. When my husband tried to discuss the money he owed him back he said it was water under the bridge and to not worry about it. That was 3 years ago. Now he sent us a letter stating if we didn’t pay up he was taking legal action. Can he do this? I think 9 years is a little late to try to sue someone. No written contract was made when he co-signed.
A: There are many potential issues here. The co-signer is responsible in the event that the signer cannot pay. It sounds like there is no contract between the signer and co-signer in the event that the signer defaults. You should talk to an attorney about whether or not your husband can be sued for unjust enrichment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
