The first loan is in default and the cosigned loan is late (again). Based on the non payment of the first, I was hoping to sue for anticipatory breach on the second one. Do I have a good case?
I live in New York State, and cant seem to find a whole lot on the subject. the amount is 8,000 - what court would it have to go through?
2007-02-07 08:12:49 · 1 answers · asked by Rhonda M 1 in Business & Finance ➔ Credit
The first loan is in default and the cosigned auto loan is late (again). Based on the non payment of the first, I was hoping to sue for anticipatory breach on the second one. Do I have a good case? Can I just take it to Civil court or do I need a lawyer?
I live in New York State, and cant seem to find a whole lot on the subject. the amount is 8,000 - what court would it have to go through?
2007-02-07 11:17:55 · update #1
Is the loan for something tangible?
If the loan is unsecured and you get the judgement against the defaulter, you don't really 'win' because the loan holder can still go after you.
8k is over the amount of small claims. At this point if there is not fraud involved, this is a civil matter. so I dont really know who you would talk to or where you would go. An attorney could answer that for you within 2 mintues of conversation.
I would talk to a lawyer (insert eye roll here) and see if you can get one to consult with you for free (alot of them will do that in anticipation of getting your business).
Of course you have a great case and you seem like a smart person to think of the anticipatory breach (most dont). I guess it goes without saying that this friendship is over!
2007-02-07 08:28:28 · answer #1 · answered by lisa s 6 · 0⤊ 0⤋