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  #1  
Old 01-09-2008, 04:01 AM
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Join Date: Jan 2008
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Creditor Obligations to cosigner?


What is the name of your state? Arizona

Several years ago, I cosigned on a loan for my wife (now ex-wife) and she defaulted on the payments, it evidently went to a collections agency, then was passed over to a law firm for litigation. I have been at the same address for twelve years, which is the same as on the loan application, but I never received any of the following from the creditor: 1)notification that payments were late or being missed 2) Any notice that it was being sent to a collection agency 3) No warnings that it was being referred for litigation.

Indeed, if I hadn't contacted the firm itself after they left a message with a former sister-in-law, I would have been unaware of the pending litigation until the lawsuit was actually filed. They decided to target me because my credit rating is good, while my ex's is miserable. So now they want to collect interest and penalties from me, when they could have easily remedied the situation with a simple letter addressed to me when the loan payments were first late. Under Arizona law and consumer protections, did they not have any obligation whatsoever to contact me prior to preparing a lawsuit against me?
  #2  
Old 01-09-2008, 01:14 PM
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Quote:
Originally Posted by JTCarr View Post
What is the name of your state? Arizona

I would have been unaware of the pending litigation until the lawsuit was actually filed.
there is no pending litigation unless the lawsuit was actually filed
  #3  
Old 01-09-2008, 01:19 PM
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Join Date: Jan 2005
Posts: 21,653
Quote:
Originally Posted by JTCarr View Post
They decided to target me because my credit rating is good, while my ex's is miserable.
Ummm - that's why YOU were the co-signer.

Quote:
So now they want to collect interest and penalties from me, when they could have easily remedied the situation with a simple letter addressed to me when the loan payments were first late. Under Arizona law and consumer protections, did they not have any obligation whatsoever to contact me prior to preparing a lawsuit against me?
Nope.
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