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

Asked by: Gilberto Watsica  |  Last update: November 24, 2025
Score: 4.1/5 (69 votes)

Many people think their liability is for only one-half of the debt—not so. 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.

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

In most states, if you do cosign and your friend or relative misses a payment, the lender can collect from you immediately without pursuing the borrower first. The amount you owe may be increased -- by late charges or by attorney fees -- if the lender decides to sue to collect.

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.

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

When it comes to responsibilities, the co-signer is legally obligated to repay the loan — but only socially expected to if the primary signer falls behind. Even so, the responsibility comes with consequences. Failing to pay will affect a co-signer's credit as well as the credit of the primary borrower.

What happens if you default on a cosigned loan?

Here's what happens if you cosign for any other person who doesn't pay: You are liable for the debt You may be sued Refinance or consolidate the loan Request a cosigner release Attempt to catch up on payments.

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

15 related questions found

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

Final answer: If you don't pay back a cosigned loan on time, it will impact your credit score and the credit score of the person who cosigned with you.

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.

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

But most states allow cosigners to take primary borrowers to court in the following situations: Cross claims: If you default on or fail to repay the loan, the lender could sue the cosigner for the money owed. The cosigner may then be able to sue you for the money that the lender is trying to recover.

Can a cosigner get in trouble?

Acting as a co-signer can have serious financial consequences. First, co-signers assume legal responsibility for a debt. So, if the primary borrower is unable to pay as agreed, the co-signer may have to pay the full amount of what's owed. Second, a co-signed loan will appear on the co-signer's credit reports.

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.

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.

Can I remove myself as a cosigner?

Each lender has its own criteria and process for removing cosigners, and some don't even allow it. So the best place to start is to contact your lender to find out your options. They may include: Co-signer release: An agreement to release the cosigner's liability after a certain number of payments are made.

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.

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 you back 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.

How much rights does a cosigner have?

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.

What if a cosigner refuses to pay?

If they stop making payments, the responsibility will be passed on to you—and you could be sued if you don't follow through. Your credit could also suffer. Understanding what you're getting into can help you decide if being a cosigner is worth the risk.

Can you go to jail for signing a bond?

The short answer is no – you cannot go to jail for co-signing a bond. However, there may be other consequences if you fail to uphold your obligations as a cosigner. Depending on the state and local laws where the bond was issued, you may owe civil damages or interest fees.

Will Cosigning ruin my credit?

Co-signing a credit card for a friend or family member is a big leap to take and one that could hurt your credit score if the person you sign with doesn't pay the card payments on time.

When a borrower fails to repay 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.

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?

Can I take my name off a loan as a cosigner?

Some lenders have a release option for co-signers, according to the Consumer Financial Protection Bureau. A release can be obtained after a certain number of on-time payments and a credit check of the original borrower to determine whether they are now creditworthy.

Can a co-signer take your car?

Remember, the primary borrower legally owns the vehicle, so an auto loan co-signer cannot take over without the consent of all parties and a refinance loan.

What happens if I remove myself as a cosigner?

The quick answer is yes, but it's not as easy as you might think. "Lenders are generally averse to removing a co-signer," says Dean Kaplan, president of The Kaplan Group, a commercial debt collection agency. That's because by removing your name from the loan, the lender's risk goes up.

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.