Is a co-signer legally obligated to pay a loan?

Asked by: Dr. Jordon Davis  |  Last update: February 9, 2025
Score: 4.2/5 (36 votes)

What Happens When You Cosign? When you cosign a loan, you become legally obligated to repay the loan if the borrower doesn't pay it. Most cosigners believe when they sign the papers that the borrower will be able to repay the loan on his or her own.

What happens if a cosigner refuses to pay?

Such a delinquency will show up on your credit report and affect your credit. You are held just as liable for the loan as the person you co-signed for. You would not only have to assume the payments but deal with your lowered credit score at the same time.

What is the co-signer legally responsible for?

A co-signer is a person who agrees to take legal responsibility for someone else's debt. If the primary borrower fails to meet their financial obligations on a loan or lease, the co-signer is held accountable for any missed payments.

How can I legally get out of a cosigned loan?

lenders do not remove co signers from loans. The debt has to be retired. This can be done by paying it off directly or refinancing the loan.

Can you sue someone for defaulting on a loan you cosigned?

You will have to sue the person for the debt. Whenyou co-sign a loan you agree to be liable to the lender in case the borrower does not pay. BUT you have no control over the situation. When the borrower does not pay you have to, and then you have to sue the borrower to get a judgment to try to get your money back.

Should We Cosign For a Loan??

37 related questions found

What happens if you don't pay back a cosigned loan?

If the borrower does not repay the loan, you may be forced to repay the whole amount of the loan, plus interest and any late fees that have accrued. With most cosigned loans, the lender is not required to pursue the main borrower first, but can request payment from the cosigner any time there is a missed payment.

How do I protect myself as a cosigner?

5 ways to protect yourself as a co-signer
  1. Serve as a co-signer only for close friends or relatives. One of loan co-signing's biggest risks is potential damage to your credit score. ...
  2. Keep copies of all the loan documents. ...
  3. Create a contract. ...
  4. Track monthly payments. ...
  5. Ensure you can afford payments.

How do I get my name off a cosigned loan?

Your best option to get your name off a large cosigned loan is to have the person who's using the money refinance the loan without your name on the new loan. Another option is to help the borrower improve their credit history. You can ask the person using the money to make extra payments to pay off the loan faster.

What happens if you default on a cosigned loan?

If you cosign a debt and the borrower doesn't pay, in most every case you will be responsible for the entire debt. And, the lender does not have to try to collect from the borrower. It can look to you even if it might be possible for it to collect from the borrower.

Can I kick out a co-signer?

When your credit score improves, you have the option to remove the co-signer from your loan. You can remove the co-signer by refinancing your auto loan, receiving a co-signer release or paying off the loan.

How much rights does a cosigner have?

No. Cosigning a loan doesn't give you any title, ownership, or other rights to the property the loan is paying for. Your only role is to repay the loan if the main borrower falls behind on the payments or defaults.

How much power does a cosigner have?

A co-signer takes on all the rights and responsibilities of a loan along with the borrower. This means that if the borrower can't make a payment on the loan, the co-signer is responsible.

Can a cosigner get in trouble?

You are just as liable on the debt as the original borrower.

Sometimes, by a lot. You are saying that the lender can try to get you to pay without first trying to get the borrower to pay. You are saying the lender can sue you if the borrower does not pay. You are tying up your credit.

Can a cosigner take themselves off?

You can remove yourself as a co-signer, but it's not always easy. When you ask for a co-signer release, it's common to get turned down. When you co-sign a loan, you're taking on full responsibility for that financial obligation, along with the primary borrower.

Can a cosigner go to jail?

However, in certain legal circumstances, the cosigner may face jail time. For example, in a case where the co-signer helped to facilitate the defendant's flight, provided false contact information, or in any way assisted the defendant in evading prosecution.

Can a debt collector sue a cosigner?

If there are two people on a loan one person can't just pay their “half” and expect to be left alone. They are responsible for the full amount left owing. The creditor will typically sue both parties. If the creditor wants to, they can pick and choose which of the two “cosigners” they want to sue.

Is it illegal to default on a loan?

Defaulting on a loan is not a crime. Lenders don't have legal jurisdiction to arrest you for an overdue balance. However, defaulting on a loan will have serious financial implications. It can result in the lender seizing your property as collateral, if applicable.

How can a co-signer get out of the loan?

Co-signers can make a written request to the lender to be released from a loan. In certain cases, like some student loans, there may be a provision that allows a co-signer to take their name off a loan.

Can a cosigner take me to court?

If you're the primary borrower on a debt, your cosigner can take you to court for: Recovery of money paid: they can sue you to recover the money they've paid towards the loan. Fraud: they can sue you if you signed their name to the loan without their permission.

What happens if you cosign a loan and the other person doesn't pay?

If the account goes unpaid for long enough, the lender could hire a collection agency to help them seek payment. The debt collector or lender may choose to sue you as the cosigner for the unpaid balance, causing you to rack up thousands in attorney fees and court costs on top of the debt that's owed.

Can a co-signer take your car away?

Cosigners can't take possession of the vehicle they cosign for or remove the primary borrower from the loan since their name isn't on the vehicle's title.

How do I protect myself from a cosigned loan?

Be sure you can afford to pay the loan – you should keep in mind that you are obligating yourself to the loan, which may prevent you from obtaining other credit you may want. Do not pledge property to secure the loan unless you fully understand the consequences. If the borrower defaults, you could lose your property.

What rights do I have as a cosigner?

You need to be aware that a co-signer's rights are limited. Co-signing means promising to pay back a borrower's loan if the borrower fails to pay. You have the responsibility of repaying the debt, but you don't have any right to use the loan proceeds.

What happens if you don't pay back a cosigned loan on time?

What happens if you don't pay back a cosigned loan on time? It will impact you credit score and the credit score of the parents or guardian who cosigned with you. Which resource would not have reliable information about student loans?

Is it illegal to pay off a loan with another loan?

While you can often use one loan to pay off another, be sure to read the fine print of your contract first and be wise about your spending habits.