Legal Question in Credit and Debt Law in Texas

Who will have to pay?

My wife and myself co-signed for her son a trailer house some five years ago. He is consistently late with payments. He does have a full time job and makes decent money. If the creditor re-posseses his trailer house will my wifes son be held accountable for the remaining balance or will they come after my wife and I? I figured since he does have a full time job that the creditor would come after my wifes son paycheck before they come after ours.

I appreciate your answers


Asked on 1/12/06, 7:04 am

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Who will have to pay?

Read the agreement that you signed. This is the downside of cosigning a note. In Texas, for this type of debt his wages cannot be garnished. He may be judgment proof, and they may come after your assets. In such a case, your recourse is to sue him for the balance, but again if he is judgment proof, then you are in the same boat as the creditor was. Feel free to email me if you need additional advice, or if this situation escalates. TCL

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Answered on 1/12/06, 8:04 am
Peter Bradie Bradie, Bradie & Bradie

Re: Who will have to pay?

They'll go after whomever they feel is the easier target, or everyone jointly and severally.

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Answered on 1/12/06, 11:54 am


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