Is a cosigner liable for missed payments?

Asked by: Prof. Zoey Kassulke PhD  |  Last update: February 25, 2025
Score: 4.4/5 (56 votes)

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.

What happens when the person you cosigned for doesn't pay?

The lender may take legal action against you, pursue you through debt collection agencies, or sell the debt to a “debt buyer” to try to collect the money that is owed on the loan if the borrower does not pay or defaults on his or her repayment obligations.

Do late payments affect co-signers?

Here are some common ways your credit score could be affected if you are a co-signer: Missed or late payments: Co-signers are required to make payments on the account if the main account holder misses payments. If the consignee makes late payments, or misses them altogether, then your credit score could drop.

Is my co-signer responsible for making payments if I don t?

A cosigner is not the main borrower. When you cosign a loan, you agree to be responsible for someone else's debt. If the main borrower misses payments, you must make the payments. If the main borrower misses payments or stops making payments (also called defaulting), you must repay the loan.

What is the co-signer legally responsible for?

A co-signer is a person who agrees to be legally responsible to pay a debt if the borrower does not pay back a loan as agreed. A co-signer may be an option if you are trying to make a large purchase, such as a car, and if you are unable to qualify for the loan on your own.

My Cosigner Has Stopped Paying and It's Wrecking My Credit!

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How can I legally get out of a cosigned loan?

Request release from a co-signed 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.

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 you sue a cosigner for not paying?

Yes, you can sue the person you co-signed for if they don't make the payments they promised to make.

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.

What responsibility does a co-signer take?

When you co-sign a loan, you promise to pay off the loan in the event the primary borrower is unable to pay off the loan. A co-signer becomes necessary when the person applying for the loan doesn't have sufficient credit history, reliability or income to get the loan on his own.

What consequences do borrowers face if they miss any payments?

Depending on the policy of a lender, the borrower will either immediately be charged a late fee and/or will be reported delinquent after missing a required payment. Some lenders may offer grace periods.

Can a cosigner be removed after 6 months?

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 many late payments is considered bad?

90 to 119 days past due: After 90 days, the seriousness again increases, with possibly further increases for interest rates or other late payment penalties. 120 or more days past due: At this point, creditors might send your debt to a debt collection agency and close your account, which can further decrease your score.

Can a co-signer repo a car?

Can a cosigner repossess a car? It's important to know that taking possession of the car if the primary borrower defaults, or “taking matters into your own hands,” is not a legitimate substitute for legal action.

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 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.

How can I legally remove myself as a cosigner?

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.

Can a cosigner be held accountable?

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. A co-signed debt will also appear on the co-signer's credit reports and can influence their credit scores as if the debt were their own.

Can a cosigner have their wages garnished?

Additionally, the co-signer may need to pay attorney fees if legal action is required. Lenders can garnish the wages of co-signers. If the borrower and co-signer cannot repay a loan, the lender can sue the co-signer to garnish wages and even property in order to satisfy the repayment.

What to do if cosigner is not making payments?

I cosigned a debt for a friend and now he won't pay. What can I do?
  1. YOUR FIRST STEP. Talk to the borrower and assess his or her situation. ...
  2. REFINANCE OR TAKE OUT A NEW LOAN. ...
  3. TRY TO SETTLE THE DEBT. ...
  4. SUE THE ORIGINAL BORROWER. ...
  5. BANKRUPTCY PROTECTION.

Can a cosigner be held liable?

A cosigner on a loan is legally responsible for the debt if the primary borrower defaults. Cosigning a loan will show up on your credit report and can impact your credit score if the primary borrower pays late or defaults. Cosigners may sign for student loans, personal loans, credit cards, and even mortgages.

Can a cosigner have bankruptcies?

Suppose your cosigner files for bankruptcy. In that case, the bankruptcy will wipe out the cosigner's responsibility to pay and impact the cosigner's credit. You'll remain responsible for the debt. Your credit won't decrease unless you stop paying as required.

Who owns the car if there is a co-signer?

Although liable for payments if you default, the cosigner doesn't share vehicle ownership and won't be on the car title. They also generally don't make the regular monthly payments. Co-borrower: A co-borrower shares financial responsibility and ownership of the car from day one.

Can a cosigner take your house?

If the other party stops making payments, as co-owner, you can take possession of the property. This is not the case as a co-signer.

Will removing myself as a cosigner hurt my credit?

Being removed as a cosigner from a loan could potentially hurt your credit scores. How much your scores are impacted depends on the details of your credit profile.