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Barb139
Jul 5, 2008, 12:12 PM
Hello!

I have a situtation that I have a question about. In a nutshell. I co-signed for a loan for my daughter who is deaf to buy hearing aids. Unfortunately she made two payments and stopped without my knowledge. Almost a year has passed and now the collection agency has started harassing me.

Here is some info.

No mail has ever been sent to my address.

I have been in contact with them buy phone and e-mail. However both of the documents they sent me were invalid. (wrong dates and wrong money owed amounts)

The phone calls have stopped but now I fear that they may put a judgement against me.

So, the questions are, can they do this? If they can will they take me to court rather than my daughter? She has not been responding to them from what I understand. If they can take me to court can they run a financial report and force me to pull money out of my available 401K area or other areas (bonds) that I have??

Thanks for your time.

progunr
Jul 5, 2008, 12:22 PM
Yes, they can take both of you to court, and in most cases, they will choose the easiest one to collect from.

My guess is that would be you.

There will be no judgment without a hearing or trial, if you do get served, just be sure to show up to defend yourself or they get the judgment by default.

They probably can't touch your 401k, but could levy against any property you own, they could garnish your wages if allowed in your jurisdiction, and in some areas they can even levy personal property you own, such as cars, boats, rv's and such, and can sell those items and apply the proceeds to the judgment if they get one.