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Cosigner Liability

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If you've cosigned on a loan you may be facing a situation where the primary borrower has failed to make payments and the lender is now looking at you for repayment. Commonly, friends or family members will cosign on a loan because the primary borrower isn't as credit-worthy. It can become a very sticky situation if the borrower reneges on their promise or doesn't or can't pay the bill. So do you have any legal rights to force the person to pay? Well, you can usually sue the primary borrower for any amount you paid to lender as the co-signer. Depending on the amount, you might be able to do this in a small claims or a regular civil court. It will be generally easier to sue you if you have a promissory note from the borrower. Even if you win a lawsuit against them, however, you still have to collect. Unfortunately, if the borrower couldn't pay the lender he or she may not be able to pay you either. However, there may be legal options to enforce the judgment, like getting a lien against any property they, own garnishing wages or other options. In the meantime, try contacting the credit bureaus to avoid any negative impact on your own credit. Talk to an attorney to determine the legal options available to you today.

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