If a person you cosigned for fails to pay, you are legally responsible for the full debt, including interest, late fees, and collection costs. Immediately pay the debt to protect your credit score, then consider refinancing, selling the asset (e.g., car), or suing the borrower in small claims court.
We see people every day who have cosigned a debt and been left with a liability they simply can't pay. 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.
Get a loan release
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.
When can a cosigner be sued? A cosigner can be pulled into a car-accident lawsuit in California only when facts tie them to ownership, control, or their own negligence, not merely because they guaranteed the loan. That includes: if the cosigner was the driver.
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.
If you co-sign, you are responsible for the entire debt. This means that you will have to pay the full amount if the other person doesn't pay, even if you did not receive the goods or services. If the other person does not pay the loan, you can be sued and your wages and property may be taken.
Fortunately, the answer in most cases is no. Yes, anyone can go to jail for other reasons. However, you can't be arrested just for co-signing someone's bond. But there are a few rare situations where things can get serious.
Below, you can explore five effective ways to get someone to pay you back.
The "777 rule" in debt collection, also known as the 7-in-7 rule, is a CFPB regulation (Regulation F) limiting calls: collectors can't call more than 7 times in 7 days for a specific debt, nor call within 7 days of a conversation about that debt. It aims to prevent harassment, applying to calls, texts, and emails, though exceptions exist, and the presumption of compliance can be rebutted by aggressive call patterns like rapid succession or highly concentrated calls.
Some lenders may require 12 timely payments before you can release a cosigner, but others may require 24, or even 48. Generally, payments must be consecutive without periods of deferment or forbearance, and fixed or interest-only payments you make during college may not always count.
If I Cosign a Loan, What Can I Do To Protect Myself?
Whether they're a bank or private company, most lenders won't let you off the hook until they're sure the primary borrower can handle the payments alone. To get the lender to remove you as a cosigner, the primary borrower will have to prove their finances are strong enough to cover their payments on their own.
In certain cases, like some student loans, there may be a provision that allows a co-signer to take their name off a loan. However, most common types of loans (including auto loans, mortgages and personal loans) do not include such a provision.
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.
Cosigners are legally obligated to make payments on a cosigned loan if the primary borrower fails to do so. Cosigners typically need good to excellent credit to qualify for the risk of responsibility involved.
If the debt isn't paid, they can sue you. But they must win a court case and get a judgment before they can garnish your wages or freeze your bank account. Because unsecured debts are riskier for lenders, they often come with higher interest rates than secured debts.
Yes, you can sue the person you co-signed for if they don't make the payments they promised to make. You may be able to get a judgment against them in court, but it could be hard to collect that money since they didn't pay the debt in the first place.
The lender can sue the cosigner for interest, late fees, and any attorney's fees involved in collection. If the primary borrower falls on hard times financially and cannot make payments, AND the cosigner fails to make the payments, the lender may also decide to pursue garnishment of the wages of the cosigner.
Sorting out the joint mortgage
The partner who stays in the house doesn't have to rely on their ex-partner for their mortgage. The partner whose name is taken off the mortgage should be able to borrow more to buy themselves a home than if their name was still on their ex-partner's mortgage.