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What are a Cosigner Rights and Duties Under California Law

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  • 10-23-2016, 06:16 PM
    Pagra
    What are a Cosigner Rights and Duties Under California Law
    My question involves collection proceedings in the State of: California

    I am the cosigner on a student loan.The loans were originally with Sallie Mae and now are held by Navient. They were made while I lived in Illinois about 20 years ago and I now live in California.
    The primary signer has an agreement to pay a certain amount monthly to the loan holder.
    It is a minimal amount but they did agree to it. However they keep sending me delinquent notices and phone calls constantly. My question is if the primary is paying into the loan as per their agreement am I responsible for any increases in that amount? And do they have a right to sue or garnish my wages.
  • 10-23-2016, 06:55 PM
    jk
    Re: Resolve a Cosigner Rights Under California Law
    If the borrower pays as contracted you won't get calls or letters telling you the loan is delinquent. (That's a hint)

    If the loan goes into default, yes, they can dun you and if you don't pay, sue you.

    If they obtain a judgment against you, if your state allows them to garnish your wages then yes, they can garnish your wages.
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