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A co-signer is only obligated if you default on your payment(s). I can't think of why or how one could repossess the car otherwise. If however, you default, the co-signer will be obligated to the original creditor. Then the con-signer can sue you for the amount that is owed on the vehicle or the vehicle if they are willing to keep up the payments. They have to follow due process, which means filing a suit, serving summons, the hearing, getting a judgment, acting on the judgment and so on, and so on.

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Q: If you have been making payments on a car and you are the primary owner can the co-signer take your car and garnish your wages for the remaining balance?
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Can someone garnish a cosigner for a car and garnish the primary also?

In the State of Texas, the answer would be "YES" as both parties signed for the car loan and both are responsible for the balance due. I was the primary signor but the cosigner had the car and was making the payments. Then she stopped making payments after owning the car for 3 years and the car was repossessed.


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