Ask the Law Librarian: The Perils of Co-Signing Loans

Q. I co-signed my sister’s car loan. She made payments for the first two years, but now she is unemployed and I’m worried she might not be able to make the payments. What rights do I have? If I have to make the payments, do I at least get the car?

Janice

A. It sounds like you are well aware that if your sister doesn’t make the payments, you will have to. Sometimes people co-sign a loan as a favor, without really understanding just how big a favor it really is – the co-signer isn’t just vouching for the borrower, or offering to pay half the debt, but is actually accepting responsibility for paying the whole debt if needed. Once the borrower misses a payment, the creditor can go after the co-signer without even trying to get the money from the borrower first. Read the FTC’s brochure “Co-signing a Loan” for more information about the risks of co-signing and possible protective measures.

Federal and California  law require that you be given notice of the serious consequences of co-signing a loan before you sign.

California law also gives you two additional protections. The creditor cannot report you to a credit reporting agency unless it also gives you written notice of the delinquency before or at the same time. And before the creditor provides any information about your obligation to a debt collector, it must first give you written notice of the delinquency. (Cal. Civ. Code 1799.101.) If the creditor fails to give this notice and your credit is injured or you lose money as a result, you can sue the creditor for actual damages or $250, whichever is greater, plus reasonable attorney’s fees. (Cal. Civ. Code 1799.102.)

So what happens if you do in fact end up paying the loan (or worse, being sued for the debt)? You are entitled to sue your sister for repayment. Of course, you may have no more luck collecting than the creditor did. If it does come to that, talk to the Small Claims Advisor if the amount is less than $7,500, or come in to the library to research your options.

You probably can’t get ahold of the car, unless you are listed as a co-owner on the title. Actually, it’s pretty likely that if your sister does default, the creditor will repossess the car, sell it, and come after you and your sister for the remaining balance on the loan.

If you actually want the car, maybe you can buy it from your sister and take over the payments. This could save everyone’s credit rating, although Sis might end up taking the bus for a while.

Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday’s column. Even if your question isn’t selected, though, I will still respond within two weeks.
Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

 

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December 24, 2012 | 7:27 PM

I co-signed on a lease for my StepDaughter on a 2012 VW Passat. She was supposed to pay the payment but I have ended up paying every payment so far. She has the car, but I am afraid she is going to do something stupid with it and I will be fianancially liable for any damage she may cause. I was wondering what I can do to take legal possesssion of the car? Both my name and her name appear on the registration and I am currently paying the insurance on the car also for fear that she would not put insurance on the car. She is not willing to give me possession of the car. Any help in this matter would be greatly appreciated and would relieve a lot of stress. Robert

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