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Yes, The bankruptcy of the borrower does not protect the co-signer. The bank howevermust obtain a judgment against the co-signer prior to garnishment.

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Can a cosigner ask a lender to garnish the wages of the primary borrower?

A lender can't garnish wages; that has to be done by court order. That can be accomplished, but usually only after the lender has made the cosigner responsible for the debt and failed to collect. After all, that's the responsibility of being the cosigner -- to provide payment should the primary borrower fail to pay.


If you filed for bankruptcy would the cosigner of your auto loan be forced to take over payment?

The answer is that the cosigner would be left responsible for taking over the payments. If the cosigner wants to maintain his or her credit rating (which is probably damaged due to your filing bankruptcy), If the consignor does not want the auto loan people to sue for any remaining balance, then he or she will need to keep making the payments. If the auto loan company sues for any remaining balance and gets a judgment, then the auto loan company will go after the assets of the consignor and or garish their earnings. attempt o seize their assets or garnish their earnings.


Must the lender notify the cosigner of intent to collect on a default?

The cosigner was probably "notified" that any funds held by the lender would be attached at the time the loan was signed. In order to garnish wages or place a lien on other property, the lender would have to go to court and obtain a judgment, in which case the cosigner would have received a summons from the court.


If only one person in the household is working can they garnish that person's wages for a voluntary repo and can they take your house if you have equity?

Only if that person is on the contract cosigner etc. and no they cant take your house.


How long should a person wait after a chapter 13 bankruptcy is dismissed to file income taxes for that year to guarantee to receive the refund?

You have to file your income taxes yearly regardless of whether you have filed for bankruptcy or not. Yes, IRS may garnish your refunds to pay toward your debts. If your bankruptcy is over however, you don't have to worry about that.

Related Questions

Can a cosigner ask a lender to garnish the wages of the primary borrower?

A lender can't garnish wages; that has to be done by court order. That can be accomplished, but usually only after the lender has made the cosigner responsible for the debt and failed to collect. After all, that's the responsibility of being the cosigner -- to provide payment should the primary borrower fail to pay.


Can the bankruptcy garnish a home owners insurance check?

Yeah, they can garnish any remaining funds involving the home.


If you filed for bankruptcy would the cosigner of your auto loan be forced to take over payment?

The answer is that the cosigner would be left responsible for taking over the payments. If the cosigner wants to maintain his or her credit rating (which is probably damaged due to your filing bankruptcy), If the consignor does not want the auto loan people to sue for any remaining balance, then he or she will need to keep making the payments. If the auto loan company sues for any remaining balance and gets a judgment, then the auto loan company will go after the assets of the consignor and or garish their earnings. attempt o seize their assets or garnish their earnings.


Can someone garnish a cosigner for a car and garnish the primary also?

In the State of Texas, the answer would be "YES" as both parties signed for the car loan and both are responsible for the balance due. I was the primary signor but the cosigner had the car and was making the payments. Then she stopped making payments after owning the car for 3 years and the car was repossessed.


Can a cosigner ask the court to garnish the borrower's wages to make the loan payments?

The cosigner can ask but I seriously doubt they will be successful. The cosigner knew the risks when they signed the loan application. The cosigner knew, or should have known, the borower's history of successful loan payoffs were questionable at best. The cosigner assumed the responsibility when they signed on.


Is it legal in the state of Georgia for the government to garnish your wages?

Yes.


Can a finance company garnish your wages if you work and live in sc Work in sc owe debt in Georgia?

Yes, a finance company from Georgia can garnish wages even if the person lives and works in South Carolina. If the company got a judgement in court, they can garnish the wages in any state.


Can a bails bondsman garnish your co signers check?

SHORT ANSWER: YESIf you are not current and paid up then the creditor, in this case a bail bondsman, can pursue the cosigner. Garnishing pay, seizing property and so on.That is why they require a cosigner, so that they can make someone pay.


Must the lender notify the cosigner of intent to collect on a default?

The cosigner was probably "notified" that any funds held by the lender would be attached at the time the loan was signed. In order to garnish wages or place a lien on other property, the lender would have to go to court and obtain a judgment, in which case the cosigner would have received a summons from the court.


Can a collection agency garnish your wages in the state of Georgia?

No, collection agencies cannot garnish a person's wages, in the state of Georgia. They can threaten and use many scare tactics to get a person to pay their debts, but they cannot take any money that is not given to them.


Someone owes for 12 month lease how can you garnish their wages in Georgia?

Georgia law requires a signed court judgment in order to garnish wages in the state. The signed judgment must be filed with the appropriate garnishment paperwork at the local clerk's office.


What exactly is bankruptcy?

Bankruptcy is the total or partial abolishment of debts after a formal filing with the government by either an individual or a company. If bankruptcy is granted, banks are able to liquidate assets-barring ones that are exempt-and possibly garnish wages. Credit scores are also severely hit by bankruptcy. The article below goes into more detail on the specifics of bankruptcy.