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
From your viewpoint you paying the dealer directly is better. You know that the check went to the dealer, and was used to purchase a car.  If you give the check to your friend they may say I can't find the car I want this week, so I will purchase it next week but first let me by groceries and a new suit. I will replace the funds after my next paycheck. Next thing you know they are still short of funds. This might not happen, but it could. From your friends viewpoint getting a check from you allows them to potentially keep your part of the transaction out of view of the dealer/lender. In a mortgage situation the lender will take a look at your bank account to make sure there isn't a hidden loan, but I am not sure they do when they are approving a car loan. What you want to avoid is being a co-signer for the loan. As a co-signer you will be responsible for all payments; and missed payments will hurt your credit score. You may have a few options if the company continues to ignore your communication.  Even if none of these works out, the debt should still probably be paid out by the estate of your friend. Something else to consider, even if your friend is on the up and up and never misses a payment:  Until the house is paid off, any time you apply for credit banks will count the mortgage payment on your friends house against your ability to pay all your existing debts in addition to whatever new loan you're applying for.  If you're renting a home now, this will likely mean that you'll be unable to buy one until your friends house is paid off. Send a well-documented payment to the original creditor.  Do it in such a way that you would have the ability to prove that you sent a payment if they reject it.  Should they reject it, demonstrate that to the credit reporting bureaus. "I'll take an alternate route: honesty + humor. Say something like this with a smile and a laugh, like you know they're crazy, but they maybe don't know it yet. ""Are you crazy? Co-signing a loan can put us both in a lot of potential danger. First, you shouldn't get a loan that you can't afford/attain on your own, and second, I'd be crazy to agree to be liable for a loan that someone else can't get on their own. You want something bad enough, you get your credit rating in order, or you save up the money - that's how I bought (my car/house/trip to Geneva). I'd be happy to point you in the right direction if you want to put a plan together."" You're offering help, but not the kind that puts you in danger. Declining to co-sign a loan can't damage your relationship with this person as much as failure to pay will." Are there any risks you're overlooking?  I think if you're considering this at all you're overlooking all of the risks... namely, if you think the issue with him not paying on the loan is the procedure involved with initiating collections or taking him to court for a judgement you're severely underestimating actually collecting after you're awarded a judgement.  Typically when people stop paying a debt, its because they don't have money.  A judgement doesn't change that. Now you could include in the promissory note a lien on some piece of his property, if he has one.  Even with the lien and a judgement against him you can't do much. There are laws related to lending by individuals, related to debt collection, maximum/minimum interest rates; there may even be a law that mandating individuals may only assess simple interest.  I doubt you'll be able to find a formal institution that will take over as nothing more than an administrator, though you might as well start researching how to sell the debt once your colleague defaults. IF you can legally amortize the loan at 4% and $450 per month, you're not made whole until about month 78.  Months 79 through about 90 will be your profit zone.  At this rate of return I'd just buy a muni... If you're willing to kiss this money good bye, and lending it generates more amusement to you than setting it on fire, go for it! Without knowledge of the special provisions of your loan contract, the one with the highest interest rate should be paid first. Or, if one's fixed payment is much larger than the other, and it is a burden, then it should be paid first, but refinancing may be an option. Socially speaking and possibly even economically since it could affect your reputation, it is probably best to either refinance the cosigned loan or pay that off as rapidly as possible. Economically speaking, I would recommend no prepayment since the asset that is leveraged is your mind which will last many decades, probably exceeding the term of the loan, but some caveats must be handled first: Many would disagree, but I finance the way I play poker: tight-aggressive. "Definitely consult a lawyer. Mortgages are highly regulated now, and regardless of how familiar borrower & lender are, the standard contract will be extremely long.  (at least in the US) There are no ""friends and/or family"" exceptions. If the contract does not conform to regulations, it may be invalid, and all the money you lent could simply evaporate since it was the borrower who actually bought the house, and it's the loan contract that's rendered null & void; in that case, it may be better to simply donate the money." In the event that payment is not made by the due date on the invoice then the transaction is essentially null and void and you can sell the work to another client. For your particular situation I would strongly suggest that you implement a sales contract and agreement of original transfer of work of art for any and all future sales of your original works of art. In this contract you need to either enforce payment in full at time of signing or a deposit at signing with payment in full within (X) amount of days and upon delivery of item.  In your sales contract you will want to stipulate a late fee in the event that the client does not pay the balance by the date specified, and a clause that stipulates how long after the due date that you will hold the artwork before the client forfeiting deposit and losing rights to the work.   You will also want to specify an amount of time that you provide as a grace period in the event client changes their mind about the purchase, and you can make it zero grace period, making all sales final and upon signing of the agreement the client agrees to the terms and is locked into the sale. In which point if they back out they forfeit all deposits paid. I own a custom web design business and we implement a similar agreement for all works that we create for a client, requiring a 50% deposit in advance of work being started, an additional 25% at time of client accepting the design/layout and the final 25% at delivery of finished product.   In the event that a client fails to meet the requirements of the contract for the second or final installment payments the client forfeits all money paid and actually owes us 70% of total quoted project price for wasting our time. We have only had to enforce these stipulations on one client in 5 years! The benefit to you for requiring a deposit if payment is not made in full is that it ensures that the client is serious about purchasing the work because they have put money in the game rather than just their word of wanting to purchase. Think of it like putting earnest money down when you make an offer to buy a house. Hope this helps! "Never forget that student lenders and their collection agencies are dangerous and clever predators, and you, the student borrower, are their legal prey. They look at you and think, ""food."" My friend said she never pays her student loans and nothing has happened.  She's wrong. Something has happened. She just doesn't know about it yet. Each unpaid bill, with penalties, has been added to the balance of her loan.  Now she owes that money also. And she owes interest on it. That balance is probably building up very fast indeed. She's playing right into the hands of her student lender. They are smiling about this. When the balance gets large enough to make it worthwhile, her student lender will retain an aggressive collection agency to recover the entire balance. The agency will come after her in court, and they are likely to win.  If your friend lives in the US, she'll discover that she can't declare bankruptcy to escape this. She has the bankruptcy ""reform"" act of 2006, passed during the Bush 43 regime, to thank for this. A court judgement against her will make it harder for her to find a job and even a spouse. I'm not saying this is right or just. I believe it is wrong and unjust to make university graduates into debt slaves. But it is true. As for being paid under the table, I hope your friend intends on dying rather than retiring when she no longer can work due to age. If she's paid under the table she will not be eligible for social security payments.  You need sixteen calendar quarters of social security credit to be eligible for payments.  I know somebody like this. It's a hell of a way to live, especially on weekends when the local church feeding programs don't operate.  Paying people under the table ought to be a felony for the business owner." Beg, plead, whimper, and hope they take pity on you. Sorry, but there's no way to force someone to take less than you legitimately owe them except to declare bankrupty, and even that may not do it. If they aren't interested in throwing away $3000, your best bet really is to try to arrange a payment plan, or to get a loan from somewhere and pay that back over time. Of course either of those options is likely to cost you interest, but that's what happens... I wish I could say something else, but there really isn't any good news here. Your first step is to talk to the current lender and ask about refinancing in the other person's name. The lender is free to say no, and if they think the other person is unlikely to pay it back, they won't refinance. If you're in this situation because the other person didn't qualify for a loan in the first place, the lender probably won't change their mind, but it's still worth asking. From the lender's point of view, you'll be selling the other person the car.  If they qualify for a loan, it's as simple as getting the loan from a bank, then doing whatever is required by your state to sell a car between either private parties or between relatives (depending on who the other person is). The bank might help you with this, or your state's DMV website.  Here are a few options that don't involve changing who is on the loan: Taking out a loan for another person is always a big risk. Banks have entire departments devoted to determining who is a good credit risk, and who isn't, so if a person can't get a loan from a bank, it's usually for a good reason.  One good thing about your situation: you actually bought the car, and are the listed owner. Had you co-signed on a loan in the other person's name, you'd owe the money, but wouldn't even have the car's value to fall back on when they stopped paying. 'If i co-sign that makes me 100% liable if for any reason you can't or won't pay.  Also this shows up on a credit report just like it's my debt.  This limits the amount i can borrow for any reason.  I don't want to take on your debt, that's your business and i don't want to make it mine'. "My thoughts on loaning money to friends or family are outlined pretty extensively here, but cosigning on a loan is a different matter.  It is almost never a good idea to do this (I say ""almost"" only because I dislike absolutes).  Here are the reasons why: Now, all that said, if my sister or parents were dying of cancer and cosigning a loan was the only way to cure them, I might consider cosigning on a loan with them, if that was the only option.  But, I would bet that 99.9% of such cases are not so dire, and your would-be co-borrower will survive with out the co-signing." Don't forget job. That's one of the things people in the lower classes lost. I was trying to figure out why there weren't mass firings at trading and accounting firms until the numbers started popping up. They had basically just liquidated what they had, bought at lower numbers, and are now reaping the profits.  Too bad most people earning under $250k a year can't do that.