Legal Question in Real Estate Law in Colorado
Liability of a co-signer
My husband co-signed on a rental lease agreement for his daughter in Phoenix, Az. She has broken the lease and Collections U.S.A., Inc. wants us to pay the full amount which is $5,600. They are willing to take $4000 from us and will go after the daughter for the rest. Why should we have to pay the larger amount?
1 Answer from Attorneys
Re: Liability of a co-signer
The short answer to the question you posed is, because a co-signer is generally liable to the holder of the debt for 100% of the debt, notwithstanding that you have, at a minimum, a right of contribution for the prorata amount from the other co-signers.
You should contact a lawyer who practices in debtor/creditor relations, and is familiar with this area of the law as it relates to consumer transactions.
You may have one or more legal defenses to a suit to collect. In addition, you may have one or more claims against the collection agency that contacted you for violations of federal law - Fair Debt Collection Practices Act - and its Colorado counterpart. For starters, a collection agency must be licensed by the Colorado Collection Agency Board prior to making an attempt to collect a debt from a Colorado resident. This licensing information is available on the internet on the Colorado Attorney General's web page.