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| Powered by
 Q. Guarantor of student loan forcefully asking for full repayment just after graduation? i came to usa for my masters in sept 2008 . with the help of a distant relative ( who is a us citizen) i could secure a student loan from citibank at a decent rate of interest. the loan terms stated that as soon as i graduate ,within a period f 6-8 months i will have to start paying the monthly interest and the liability of the loan will be shifted to me once i build some credit history.
my guarantor was supportive of this fact and agreed to the terms. now he seems to have changed his mind. i just graduated in dec 2009 and i am looking hard for a job .due to some unknown situations , my guarantor wants to get the liability off his shoulders and for this he is forcing us to pay the entire loan amount in full asap. ( $45000). he sends stressful emails to my parents in india and forcing my dad to pay the loan in full because he is not "comfortable" having the liability on him. my dad doesn't have that kind of money lying around so he has to keep asking him for time while he is arranging for money . i reminded him that as soon as i get a job i will start paying the interest and to be patient with us but he is not understanding. this is very stressful in our lives and seems unfair coz we were not aware of this fact that we had to pay the loan so fast .his emails embarrass us and cause too much of stress . what can we do about this.
can i file a case ( againt my wishes though) so that he stops sending emails to my dad .he is causing stress in our lives . i am quite mad and helpless at the same time . please advise
"The relationship between you and your guarantor is a private business matter..."
Crystal:
Unfortunately, the relationship between you and your guarantor is a private business matter. Therefore, you would have to rely on the terms of the agreement that you and your guarantor made at the time that he agreed to assume this role. Hopefully, you have this agreement in writing - in the form of a contract that describes the repayment terms that were agreed upon. Otherwise, you'll have the much more difficult task of establishing the terms of your oral agreement, and oral agreements are notoriously difficult to establish. These types of disputes come down to "he said/she said", and courts have very little patience for this type of dispute.
The only good thing that you have going for you is that there really isn't much that the guarantor (presumably he's a cosigner) can do to force you and your dad to pay - other than what he's doing (which seems to be working) - and that is to frighten you. Citibank will not excuse the guarantor, so he'll have no luck going to them for release - and they won't let him back out, leaving you to hold the bag. He can sue you, but he'd be in the same position as you are - he'd have to document what sounds like an oral agreement - or he'd have to show up in court with a signed contract that clearly stipulates his right to accelerate and demand payment. I'm doubting he has that.
Other than threaten you, what exactly is is that you think he'll be able to do?
Frankly, if I was your dad, I'd tell the cosigner that I was sorry, but that payment is not an option at this time. Your guarantor committed to something that he no longer feels is in his best interest - but hey - that's the risk of cosigning a note. Unless he can prove that you are willfully refusing to pay the loan so that he winds up getting stuck with it, or unless he can show that he has a legal right to demand his way out of the cosigning agreement, there's not much he can do, other than threaten.
I am not a practicing attorney, so do not take any of the foregoing as legal advice. For your and your parents' reassurance, I'd recommend that you contact a US attorney for advice.
Good luck!
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