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Colorado Guarantor - Consignor Notice Required by FTC on certain Transactions

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Description

The Rule applies to consumer credit contracts offered by finance companies, retailers (such as auto dealers and furniture and department stores), and credit unions for any personal purpose except to buy real estate.


When you agree to be a cosigner for someone else's debt, you are guaranteeing to pay if that person fails to pay the debt. The Rule requires that you be given a notice that explains the responsibility you are undertaking. Under the Rule, the cosigner notice must say:


You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount.


The creditor can collect this debt from you without first trying to collect from the borrower.* The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record.


This notice is not the contract that makes you liable for the debt.


* Depending on your state, this may not apply. If state law forbids a creditor from collecting from a cosigner without first trying to collect from the primary debtor, this sentence may be crossed out or omitted on your cosigner notice.


This notice is not required when you receive benefits from the contract, such as when you buy goods, take out a loan, or open a joint credit-card account with another person. In these cases, you would be a co-buyer, co-borrower, or co-applicant (co-cardholder) rather than a cosigner. Therefore, the creditor would not be required to provide the notice.

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FAQ

To become a cosigner, you must first sign loan documents that tell you the terms of the loan. The lender also must give you a document called the Notice to Cosigner. The Notice tells you what will happen if the main borrower doesn't pay on time or defaults on the debt.

signer takes full responsibility for paying back a loan, along with the primary borrower. Often a cosigner will be a family member. The cosigner is obligated to pay any missed payments and even the full amount of the loan if the borrower doesn't pay.

A: The cosigner notice must be given to the cosigner before the cosigner becomes obligated on the transaction. This means that the cosigner should receive the notice prior to the event that makes the cosigner liable.

Cosigners Are Equally Responsible for Making Sure Payments Are on Time. The lender is not required to notify you that the loan has become delinquent. It's up to you to ensure the person you cosigned for is going to make the payment on time and in full.

Usually, when you cosign a car loan, you agree to be responsible for the debt if the primary debtor doesn't make payments or otherwise defaults on the loan. If the primary debtor defaults on the loan, then the creditor has the right to repossess the car and sell it.

Pursuant to this rulemaking authority, the FTC issued its Credit Practices Rule. The FTC's Credit Practices Rule is applicable to creditors that are within the FTC's jurisdiction; it is not applicable, for example, to banks, savings associations, and Federal credit unions.

To offer consumers additional protection from deceptive credit terms, in 1968, Congress enacted the Truth in Lending Act (TILA) as a means to assure the meaningful disclosure of consumer credit and lease terms.

The prohibited contract provisions are confessions of judgment, waivers of exemption, wage assignments, and security interests in household goods. Second, the Rule requires creditors to advise consumers who cosign obligations about their potential liability if the other person fails to pay.

The FTC's Credit Practices Rule protects consumers from abusive contract provisions that are designed to give the creditor an upper hand in collections and to evade legal protections for the debtor.

Being a co-signer itself does not affect your credit score. Your score may, however, be negatively affected if the main account holder misses payments.

More info

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Colorado Guarantor - Consignor Notice Required by FTC on certain Transactions