San Carlos, CA asked in Consumer Law, Contracts, Criminal Law and Family Law for California

Q: I guaranteed a student loan for my nephew. He has a job/can pay for it but chooses not to. Do I have any legal remedie

I got pressured into signing the student loan as a guarantor bec my brother, his dad, did not have the FICO score to get the loan thru. Now, there has been a family fight and my brother's wife is trying to get back to me by telling her son NOT to pay for the student loan so that I will end up paying for it IF I want to continue to protect my good FICO score and financial standing. I just moved to CA and still looking for a job. I am worried each month if he will pay or not. I have sent reminders via email and text before each due date but he does not communicate with me. The loan which began at $15T is now at $19.4T. Can I sue in small claims court? I need to do it soon before it hits $20T which will disqualify from small claims court. Should I file in CA or in TX where they live and where I just moved away from? I do not have the means to be travelling there in case the case is filed. Can it be done here? The son has a job and can pay but chooses not to. Email response pls

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: i thought small claims was still $10k.

even if you go there and win, what happens if he does not adhere to court ruling...........?

it will continue to affect your credit rating

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