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.
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