Co signed a car loan for someone want to sue small claim but other party has health problem would that affect outcome

Question

I belive they have part time job but I'm willing to help pay half but party doesn't respond i gave his mail to his mom because it comes to my address under his name

Robert P. Taylor · Answer

If you lost money because you cosigned a car loan then yes, you can sue the other party and if they have some health issue(s) that caused them to default, that would not be a defense.  Collecting any judgment against them might be the real challenge.

James L. Arrasmith · Answer

If you co-signed a car loan and the other person isn’t paying, you do have the option to take legal action, including small claims court. The other party’s health issues could potentially affect their ability to pay, but it wouldn't necessarily prevent you from winning a judgment in court. It’s important to keep in mind that while their health might explain the lack of communication or payments, it doesn’t eliminate their legal responsibility under the loan. 
 
Since you’re willing to help pay half, it may be worth trying to resolve the matter outside of court if possible. You’ve already taken steps to reach out by giving mail to their mom, but if they continue to ignore you, small claims court is a valid next step. Make sure to document your efforts and any offers you’ve made to resolve the situation. 
 
In court, the judge will consider the facts of the case, and their health might come up, but it won’t automatically prevent you from getting a favorable judgment. However, collecting on the judgment might still be challenging if they’re in poor financial shape.

Q: Co signed a car loan for someone want to sue small claim but other party has health problem would that affect outcome