Cosigned student loan but never endorsed check. Primary Borrover stop repaying a loan . What:s my legal rights?
Answer
Your only rights are to sue the primary borrower for any amounts you might have to pay, and otherwise urge him/her to pay their loans. As a co-signer, you are equally responsible to pay if the primary borrower fails to pay.
Answer
Not to be snarky or rude, but you do not have rights so much as responsibilities. Your responsibility is to pay. That is why co-signing is such a bad idea. When you co-sign, you are promising the lender that if the borrower fails to pay, then you will pay.
Is this a private or federal student loan? If private, then you can file bankruptcy if you do not want to pay and the loan will be discharged. If its a federal student loan, then most student loans cannot be discharged in bankruptcy unless there is real financial hardship (there are court cases defining what this is).
If neither you nor the borrower pay, they can garnish your wages. If you get the loan paid off, then you can sue the borrower to recover the funds. Or you can just try and get the borrower to pay up now.
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