my friend cosigned for his sisters apartment?

Question

my friend cosigned for his sisters apartment and she got evicted now the recovery group wants to collect but he suffered a massive stroke and is paralyzed and also has dementia what can he do

Answer 1

The question really lies in whether or not he was in a demented state at the time of the co-signing. While I am not one to levy judgment on his sister given my complete lack of knowledge of the circumstances which led to her eviction, the only way to exclude the brother from the obligation is to prove that he was not in his right mind or otherwise not himself at the time of signature. This is a tall order, and something only a lawyer and a court and an expert on his medical affairs could effect.

Excepting that longshot, your best bet in avoiding a judgment against him is to provide the recovery group with evidence of your friends incapacitated state. Consult with your friends insurance companies and employer to determine whether or not he qualifies for any disability benefits which might allow him to pay some or all of these amounts. Certain employers provide employees with "short term disability" insurance cover which is designed to meet people's needs in times such as this, and although many insurers will not cover amounts in collection, the supplemental income may help him free up enough cash to pay part or all of the amount.

Moreover, it is incumbent upon the sister to attempt to at least service some of the debt that the recovery group is attempting to collect. Even small payments each month can avoid this debt turning into a judgment which would ruin your friend's credit for at least 10 years.

If the stroke was particularly debilitating and your friend's chances of recovery anytime soon are slim, there are likely larger issues to deal with, however our prayers are with you and yours as you try to get through this situation.

Answer 2

permit me start up by asserting i'm not a lawyer, and that's not criminal suggestion. while you're searching for criminal suggestion you will desire to touch a lawyer on your state. previously the restoration human beings would be approved to garnish any earnings, extremely incapacity earnings, the lenders would be compelled to seek for and shelter a judgment in a court docket of regulation awarding them this staggering. with a view to do this, they'd desire to grant observe that your chum is occasion to a greater fit and to look on such and such date. that's crucial that your chum respond and pass to postpone any listening to on scientific grounds, and that the respond incorporate documentation of his scientific difficulty besides as an entire breakdown of his drugs, the dosages, and the frequencies. If he's not greater healthful to look on the listening to that's then as much as the court docket to be sure while to re-schedule. The restoration team won't be able to garnish something until eventually they have been offered the judgment. If there replace right into a judgment entered against your chum allowing the levy or garnishment, yet he replace into not served observe top, you are able to pass to vacate the judgment on procedural grounds. First step is to be sure whether or not they have a judgment. to do this you will desire to request by qualified mail a replica of the judgment from the lenders or the call of the court docket and docket or report quantity so which you would be able to pull it from the court docket your self. in the event that they decline to grant this they have not got a judgment. in the event that they have not got a judgment, then you definitely in actuality have 2 alternatives: a million. artwork with the sister and the creditors to make small funds each and each month 2. watch for them to serve your chum with papers and take a glance at to push lower back the court docket date with evidence that he's undeserving to look. that's a not elementary street, and neither answer is enviable or certain in any way of being useful, yet that's the terrific which you would be able to wish for.

Answer 3

He owes the money so if he has assets he should have his caregivers pay the debt. The sister is scum not to pay her own bills but that is why they got a cosigner.

Answer 4

Does not sound like he is in a position to do anything.

Someone with power of attorney for him should intercept these calls and let them know that they are barking up the wrong tree. Let them know that they are welcome to sue, but he is in no position to pay and probably never will be.