Can a co-signer’s property be taken?

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Can a co-signer’s property be taken?

I co-signed on my daughter’s apartment. She lost her job 2 months before her lease expired and owed $1400. Due to legal fees, it’s up to $3800. I got a letter from the police saying that they are coming to take my possessions. They only gave me 5 days. The letter was already 2 days old. Can they take my stuff if I only co-signed. What legal rights do I have?

Asked on February 26, 2011 under Bankruptcy Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you are liable for the rent but there seems to be a big step missing here.  Were you sued for the back rent and was there a judgement issued against you?  And are you sure that the letter is from the police?  Is it the Sheriff or the Marshal?  They could be the law enforcement personnel used to try and collect from you by taking personal items to sell for the money owed.  Go see an attorney as soon as you can.  I think that a default was taken against you meaning that you were not properly served with legal papers here. You need to figure out what is going on here and quickly or you may be out of luck. Good luck to you. 


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