West Virginia Code § 46A-2-104

Notice to cosigners
Open in Lexace · Ask the AI about this section
(a) No person shall be held liable as cosigner, or be charged with personal liability for
payment in a consumer credit sale, consumer lease or consumer loan unless that person, in
addition to and before signing any instrument evidencing the transaction, signs and receives
a separate notice which clearly explains his liability in the event of default by the consumer
and also receives a copy of any disclosure required by the "Federal Consumeer Credit
Protection Act."
(b) Such notice shall be sufficient in a consumer credit sale or consumer loan if it appears
under the conspicuous caption "NOTICE TO COSIGNER" and countains substantially the
following language:
"You are being asked to guarantee this debt. Think carefully before you do. If the borrower
doesn't pay the debt, you will have to. Be sure you can afford to pay it if you have to, and
that you want to accept this responsibility."
"You may have to pay up to the full amount ofs the debt if the borrower does not pay. You may
also have to pay late fees or collection costs, which increase this amount."
"The creditor can collect this debt from you without first trying to collect from the borrower.
The creditor can use the same collection methods against you that can be used against the
borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that
fact may become a part of your credit record."
"This notice is not the contract that makes you liable for the debt."
The caption shall be typewritten or printed in at least twelve point bold upper case type. The
body of the noVtice shall be typewritten or printed in at least eight point regular type, in
upper or lower case, where appropriate.
(c) Such notice shall be sufficient in a consumer lease transaction if it appears under the
conspicuous caption "NOTICE TO COSIGNER" and contains substantially the following
language:
"You are being asked to guarantee this lease. Think carefully before you do. If the lessee
doesn't pay, you will have to. Be sure you can afford to pay it if you have to, and that you
want to accept this responsibility."
"You may have to pay up to the full amount if the lessee does not pay. You may also have to
pay late fees or collection costs, which increase this amount."
"The creditor can collect this debt from you without first trying to collect from the lessee.
The creditor can use the same collection methods against you that can be used against the
lessee, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact
may become a part of your credit record."
"This notice is not the contract which makes you liable for the debt."
The caption shall be typewritten or printed in at least twelve point bold upper case type. The
body of the notice shall be typewritten or printed in at least eight point regular type, in
upper or lower case, where appropriate.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.