I cosigned for a friend who is not paying the payment
"Cosigning is explicitly a promise that you will make the payments if the primary signer can not. Don't do it unless you are able to handle the cost and trust the other party will ""make you whole"" when they can... which means don't do it for anyone you would not lend your money to, since it comes out to about the same level of risk. Having agreed, you're sorta stuck with your ex-friend's problem. I recommend talking to a lawyer about the safest way get out of this. It isn't clear you can even sue the ex-friend at this point." "I'm sorry you are going through this, but what you are dealing with is exactly is how cosigning works.  It is among other reasons why you should never cosign a loan for someone unless you are 100% prepared to pay the loan on their behalf. Unfortunately, the main ""benefit"" to cosigning a loan is to the bank - they don't care who makes payments, only that someone does. It is not in their interest to educate purchasers who can easily get themselves into the situation you are in. What your options are depends a fair bit on the type of loan it is. The biggest problem is that normally as cosigner you cannot force your friend to do anything. If it is for a car, your best bet is to convince them to sell the car and hopefully recoup more than the cost of the loan. Many workplaces have some sort of free service to provide counseling/guidance on this sort of thing. Look into your employee benefits as you may have some free services there. You can sue your friend in small claims court, but keep in mind: It also depends on how big the loan is relative to your income. While it might feel good to sue your friend in small claims court, if it's for $500 it probably isn't worthwhile - but if your friend just stopped paying off their $30k vehicle assuming you will pay for it, even though they can pay for it themselves?" "I am not sure how anyone is answering this unless they know what the loan was for.  For instance if it is for a house you can put a lien on the house.  If it is for the car in most states you can take over ownership of it.   Point being is that you need to go after the asset.   If there is no asset you need to go after you ""friend"".  Again we need more specifics to determine the best course of action which could range from you suing and garnishing wages from your friend to going to small claims court.  Part of this process is also getting a hold of the lending institution.  By letting them know what is going on they may be able to help you - they are good at tracking people down for free. Also the lender may be able to give you options.  For example if it is for a car a bank may help you clear this out if you get the car back plus penalty.  If a car is not in the red on the loan and it is in good condition the bank turns a profit on the default.  If they can recover it for free they will be willing to work with you.  I worked in repo when younger and on more than a few occasions we had the cosigner helping.  It went down like this... Co-signer gets pissed like you and calls bank, bank works out a plan and tells cosigner to default, cosigner defaults, banks gives cosigner rights to repo vehicle, cosigner helps or actually repos vehicle, bank gets car back, bank inspects car, bank asks cosigner for X amount (sometimes nothing but not usually), cosigner pays X, bank does not hit cosigners credit, bank releases loan and sells car.  I am writing this like it is easy but it really requires that asset is still in good condition, that cosigner can get to the asset, and that the ""friend"" still is around and trusts cosigner.  I have seen more than a few cosigners promise to deliver and come up short and couple conspiring with the ""friend"".   I basically think most of the advice you have gotten so far is crap and you haven't provided enough info to give perfect advice.  Seeking a lawyer is a joke.  Going after a fleeing party could eat up 40-50 billable hours.  It isn't like you are suing a business or something.  The lawyer could cost as much as repaying the loan - and most lawyers will act like it is a snap of their fingers until they have bled you dry - just really unsound advice. For the most part I would suggest talking to the bank and defaulting but again need 100% of the details.   The other part is cosigning the loan.  Why the hell would you cosign a loan for a friend?  Most parents won't cosign a loan for their own kids.  And if you are cosigning a loan, you write up a simple contract and make the non-payment penalties extremely costly for your friend.  I have seen simple contracts that include 30% interests rates that were upheld by courts." The point of co-signing for a friend is that they're your friend.  You signed for them in the belief that your friendship would ensure they didn't burn you.  If your friend has hung you out to dry, basically they aren't your friend any more. Before you lawyer up, how's about talking to your friend as a friend?  Sure he may have moved away from the area, but Facebook is still a thing, right?  It's possible he doesn't even realise you're taking the fall for him. And presumably you have mutual friends too.  If he's blanking you then he does know you're taking the fall and doesn't care.  So call/message them too and let them know the situation.  Chances are he doesn't want all his other friends cutting him off because they can see he'd treat them the same way he's treating you.  And chances are they'll give you his number and new address, because they don't want to be in the middle. If this fails, look at the loan.  If it's a loan secured against something of his (e.g. a car), let it go.  The bank will repossess it, and that's job done.  Of course it will look bad on your credit for a while, but you're basically stuck with that. "You promised to pay the loan if he didn't.  That was a commitment, and I recommend ""owning"" your choice and following it through to its conclusion, even if you never do that again.  TLDR: You made a mistake: own it, keep your word, and embrace the lesson.  Why?  Because you keep your promises.  (Nevermind that this is a rare time where your answer will be directly recorded, in your credit report.) This isn't moralism. I see this as a ""defining moment"" in a long game: 10 years down the road I'd like you to be wise, confident and unafraid in financial matters, with a healthy (if distant) relationship with our somewhat corrupt financial system.  I know austerity stinks, but having a strong financial life will bring you a lot more money in the long run. Many are leaping to the conclusions that this is an ""EX-friend"" who did this deliberately.  Don't assume this. For instance, it's quite possible your friend sold the (car?) at a dealer, who failed to pay off this note, or did and the lender botched the paperwork.  And when the collector called, he told them that, thinking the collector would fix it, which they don't do. The point is, you don't know: your friend may be an innocent party here.  Creditors generally don't report late payments to the credit bureaus until they're 30 days late.  But as a co-signer, you're in a bad spot: you're liable for the payments, but they don't send you a bill.  So when you hear about it, it's already nearly 30 days late.  You don't get any extra grace period as a co-signer. So you need to make a payment right away to keep that from going 30 late, or if it's already 30 late, to keep it from going any later.   If it is later determined that it was not necessary for you to make those payments, the lender should give them back to you.  A less reputable lender may resist, and you may have to threaten small claims court, which is a great expense to them. Cheaper to pay you.  They say France is the nation of love. They say America is the nation of commerce.  So it's not surprising that here, people are quick to burn a lasting friendship over a temporary financial issue.  Just saying, that isn't necessarily the right answer.  I don't know about you, but my friends all have warts.  Nobody's perfect.  Financial issues are just another kind of wart.  And financial life in America is hard, because we let commerce run amok.  And because our obsession with it makes it a ""loaded"" issue and thus hard to talk about.  Perhaps your friend is in trouble but the actual villain is a predatory lender.  Point is, the friendship may be more important than this temporary adversity.  The right answer may be to come together and figure out how to make it work.  Yes, it's also possible he's a human leech who hops from person to person, charming them into cosigning for him. But to assume that right out of the gate is a bit silly.  The first question I'd ask is ""where's the car?"" (If it's a car). Many lenders, especially those who loan to poor credit risks, put trackers in the car.  They can tell you where it is, or at least, where it was last seen when the tracker stopped working.  If that is a car dealer's lot, for instance, that would be very informative.   Simply reaching out to the lender may get things moving, if there's just a paperwork issue behind this.  Many people deal with life troubles by fleeing: they dread picking up the phone, they fearfully throw summons in the trash.  This is a terrifying and miserable way to deal with such a situation.  They learn nothing, and it's pure suffering.   I prefer and recommend the opposite: turn into it, deal with it head-on, get ahead of it.   Ask questions, google things, read, become an expert on the thing. Be the one calling the lender, not the other way round.  This way it becomes a technical learning experience that's interesting and fun for you, and the lender is dreading your calls instead of the other way 'round.  I've been sued.  It sucked.  But I took it on boldly, and and actually led the fight and strategy (albeit with counsel).  And turned it around so he wound up paying my legal bills.  HA!  With that precious experience, I know exactly what to do... I don't fear being sued, or if absolutely necessary, suing.   You might as well get the best financial education.  You're paying the tuition!" Another option, not yet discussed here, is to allow the loan to go into default and let the loaning agency repossess the property the loan was used for, after which they sell it and that sale should discharge some significant portion of the loan. Knowing where the friend and property is, you may be able to help them carry out the repossession by providing them information. Meanwhile, your credit will take a significant hit, but unless your name is on the deed/title of the property then you have little claim that the property is yours just because you're paying the loan. The contract you signed for the loan is not going to be easily bypassed with a lawsuit of any sort, so unless you can produce another contract between you and your friend it's unlikely that you can even sue them. In short, you have no claim to the property, but the loaning agency does - perhaps that's the only way to avoid paying most of the debt, but you do trade some of your credit for it. Hopefully you understand that what you loaned wasn't money, but your credit score and earning potential, and that you will be more careful who you choose to lend this to in the future. I would like to add one minor point for clarity: Cosigning means that you, alongside your friend, enter into a contract with the bank. It does not necessarily mean that you now have a contract with your friend, although that could implicitly be concluded. If the bank makes use of their contracted right to make you pay your friend's debts with them, this has no effect on your legal relationship with your friend. Of course, you can hold him or her liable for your damages he or she has caused. It is another question whether this would help you in practice, but that has been discussed before. "Without all the details it's hard to tell what options you may have, but none of them are good.  When you cosign you are saying that, you believe the primary signer will make good on the loan, but that if he doesn't you will. You are 100% responsible for this debt. As such, there are some actions you can take. First, really try to stress to your friend, that they need to get you outta this loan. Urge them to re-finance with out you if they can. Next look for ""better"" ways of defaulting on the loan and take them. Depending on what the loan is for you could deed-in-lue or short sale. You may just have to admit default. If you work with the bank, and try not to drag out the process, you will likely end up in a better place down the line.  Also of importance is ownership. If you pay the loan, do you get ownership of the thing the loan was secured against? Usually not, but working with an attorney and the bank, maybe. For example, if it's a car, can the ""friend"" sign over the car to you, then you sell it, and reduce your debt.  Basically as a cosigner, you have some rights, but you have all the responsibilities. You need to talk to an attorney and possibly the bank, and see what your options are. At this point, if you think the friend is not that much of a friend anymore, it's time to make sure that any conversation you have with them is recorded in email, or on paper." "Sue the friend. When you win, garnish his wages. It does not have to be by so much that it makes him quit his job, but get 75.00 per pay period to come to you. This may require the use of a private investigator but, if you want to make this ""friend"" face consequences, this is your only option. Otherwise, let it go and keep paying his bill." I came across such a situation and I am still facing it. My friend borrowed my credit card for his expenses as he had misplaced his debit card and for the time being had asked for my credit card to handle the expenses he does. He paid for initial 2 months and then was not able to make payments, mainly due to not being able to arrange money or if it was a contri party, he would collect cash from friends but again spend the same. Months passes by... the bill had come upto 65k and calls from bank and other respective organizations Finally my dad came into picture and slowly the issue is resolving he has paid 50K remaining is still pending.   So basically, the reason I shared this part of story was he is my Best friend and in order to not spoil our friendship I did not want to take any such step which would later on affect our friendship. This completely depends on the individuals how they react to the situation. Keeping Ego, superiority, favour sort of feelings and words apart things can be resolved between friends. You do not know what is the situation on the other side.  Probably you can connect with him ask him to explain you why is not able to pay the debts and take action accordingly. If he is not able to provide a proper reason then you may take some actions like mentioned in initial answers, run after the assets he own or anything else.Stay Calm and patient. Do not take any such step which you would regret later on...! I think I'm reading that you cosigned a loan with a friend, and they've stopped paying on their loan. Not a whole lot of options here. You'll have to pay the loan off by yourself or allow the loan to go into collections in hopes that you'll get more money later and pay it off then. Small claims court is definitely an option at that point. Next time, perhaps try not to cosign loans with friends unless you really trust them and are confident that you can pay the loan off if they cannot. If the bank is calling your employer, the federal Fair Debt Collection Practices Act (FDCPA) limits where and when debt collectors can contact consumer debtors. In many cases, debt collectors that contact debtors at work are violating the FDCPA. http://www.nolo.com/legal-encyclopedia/a-debt-collector-calling-me-work-is-allowed.html
I say to always say yes when asked to loan money to a friend or family member as long as you have the money to do it with. That is the key: having th emoney to do it with. And - don't expect to get it back ever. If you do, great. When you don't, your expectation was met. Although not often, I've lent money to friends and most of the time have been paid back. $10, $300, more. For the times when I was not, I do remember but I don't hold it against the person. Money is only money, after all. Friends are precious and worthy of your aid, support, and respect. If they weren't, then one must ask if they are really a friend. - I have also had to borrow money once for a non-trivial amount. My family, who can easily afford it, refused but a friend helped me at a critical juncture. I offered to make a contract but my friend said no, pay me back when you can. I have tried to start paying back a couple of times but my friend refused telling me to wait until I was more financially stable. - If I am ever lucky enough to be in the position my friend is in, I will emulate this behavior and do the very same thing - and love doing it all the while. "You owe only $38,860 to pay off your loan now, possibly less.   From what you say about your loan, tell me if I got this right: 30 year loan $75,780 original loan amount 9% annual interest rate $609.74 monthly payment You have made 272 payments Payment number 273 is not due until late 2019, possibly early 2020 If I have correctly figured out what you have done, you have been making monthly payments early by pulling out payment coupons before they are due and sending them in with payment.  You are about 4 years ahead on your payments.   If I have this correct, if you called the bank and asked ""what is my payoff amount if I want to pay this loan off tomorrow"" they would answer something like $38,860.  When you pay a loan off early, you don't just owe the sum of the coupons still remaining.  In your case, you owe at least $16,000 less! Indeed, if there is some way to convert your 4 years of pre-payments into an early payment, you would owe even less than $38,860.  I don't know banking law well enough to know if that is possible.   You should stop pulling coupons out of your book and paying them early.  Any payments you make between now and when your next payment is actually due (late 2019 sometime?) you should tell the bank you want applied as an early payment.  This will bring your total owed amount down much faster than pulling coupons out of your book and making payments years early.   If there is someone in your family who understands banking pretty well, maybe they can help you sort this out.  I don't know who to refer you to for more personal help, but I really do think you have more than $16,000 to gain by changing how you are paying your mortgage.   Good luck!" My grace period is up in a few months, and I am not looking forward to it. I got the minimum federal aid possible for all 4 years, so I had to turn to private loans and whatever I could make over summers and what my parents could help me with. Ended up with $50k in debt, about 20k of it being with Sallie Mae. I can confirm they are bad on the collection side already. Just happened to miss a payment during school (paid off interest every month for the last 4 years), and they called me 3 times during class, sent an email, letter, and called my bilogical dad who cosigned for the loan. I can only imagine what they are like for people defaulting.   All comes down to it though, have a plan when borrowing money for school. I knew my parents would only be able to help me out a little bit, and  I got minimum federal aid (as in just loans) because my step father had assets that counted against me (and he told me I was on my own). So I had to figure out how to not be screwed from the beginning. I paid off my interest every month while working during school, and made sure to work hard to graduate with a good job. I can't imagine how some students feel when they graduate with nothing. That definitely hit home. I'd be thinking the same thing every time I submitted an online application and its quite frustrating. I'm beginning to realize I shot my self in the foot after graduation when a friend put me in contact with a friend of his who works at a large aerospace firm. The contact seemed more than willing to help me out and I figured at the very least i'd get an interview. So I dedicated all my time prepping for the position and following up with my contact. 2 months later it all fell through when the firm changed the requirements for the position. I asked my contact what happened and he basically said oh well. So yeah  I spent all this time so focused on one job that I thought I would get and it didn't work out. In school I learned what to do in a job but due to my circumstances (working 30 hours a week in a bar in order to pay for school) I never learned HOW to get a job.  given that, I appreciate your suggestions and although everything you said seems obvious now, I think I've mainly been in denial and don't want to give up on what I really want. But thankfully I do have connections in other industries and friends who are more than willing to give mock interviews. I have the tools but as you said now its up to me to stop sulking and take the initiative. Thanks for the response, definitely needed to hear that. I will also send you my resume if you don't mid taking a quick look. "Unless you can make an agreement with your landlord, your credit is on the bubble in this situation and it may be difficult to get the landlord to void the terms of the original agreement in lieu of a new one. I was burned by a similar situation when I was in college. I rented an apartment with my then ""best friend"". I sent my half of the rent in on time and he consistently skipped out on his. My credit took a blow to the tune of the shared liability just the same. Seriously seek to work something out with the landlord because it sounds like if things continue as they are, whether you move out or not, your credit will take a hit." This is why we tell people not to co-sign unless they are able and willing to risk that money becoming a gift... or are able and willing to treat it as business rather than family. Unfortunately that advice is a bit late now to help you. When you cosigned, you promised the bank that you would make any payments he didn't. The bank doesn't care why he didn't, they just want their money on time. Getting him to repay you for covering this is strictly between the two of you, and unless you signed paperwork at the time establishing a contract other than the promise to cover his loan this becomes Extremely Messy. First step is to make the payments so the loan doesn't continue acquiring fees and hurting your credit rating, and keep it from falling behind again. Then you have to convince him to repay the money you have effectively given him. Depending on your relationship, and financial situations, you may decide to carry him for a while and trust that he'll pay you back when he can, or sic a lawyer on him. You need to make that decision, recognizing that it may be a matter of how much family drama you are willing to tolerate. "I saw where you said ""I thought of co-signing is if a portion of child/spousal support goes directly to the landlord. I asked the Child Support Services (who deduct money from my paycheck monthly to pay support to my ex) and they told me that they are not authorized to do this.""  I know going back to court isn't a pleasant thought, but from the looks of things, your suggestion is the only way to accomplish this. It's ridiculous for anyone to suggest you keep up your payments and cosign, yet the ex has no obligation to use that income to actually pay her rent. From what you've said, she sounds irresponsible and self-destructive.  As someone who has had bad tenants, I'd not go near her, even with a cosigner. It's just not worth the risk." I believe that your son will need to get a new loan for the car in his name only and use the proceeds of that loan to pay off the one you co-signed on.  The only way that will happen is if he can find a lender willing to loan him the money based on his credit only. From the current lender's perspective, if your son isn't a good credit risk, then why would they let someone out of the loan who might be able to pay if your son defaults?  If he is a good credit risk, then they, or someone else, should be willing to lend to him without you as co-signer. Also, as Dilip Sarwate mentioned, you might have to do something with the title, depending on whose name it is in.