Expert: Creditwrench - 5/13/2008

Question
QUESTION: My ex-girlfriend and I were named on a summons regarding a past apartment we both used to share. Apparently, we are being sued for alleged damages and owed rent although we gave proper notice and I had moved well before the date we were supposed to be moved out. My ex stayed behind to complete her move, and that's the last I'd heard about anything. Then in July of 2007, I was served at home informing me that I was being sued for collection of debt to this apartment complex. However, I am the only one being sought after and harrassed. I was informed by the collections agency that they had not served my ex because they couldn't locate her. I have a live-in girlfriend and two children to support. I have tried to establish a voluntary garnishment with the agency in hopes that we could work out a fair amount to be garnished without leaving my family barely getting by, but they want more than what I can pay. Also, I have yet to receive a breakdown of what I owe to this apartment complex and why. I had no idea that there were any problems until I was served. Also, I am frustrated that they are only seeking me and not my ex who I believe should pay half of whatever is owed. What should and I can I do? I have recently learned she got married and have a cell number I believe she still uses, should I give that to the agency so they can contact her as well? I am contemplating going to the court hearings and fight this, but would I even have a chance, and would I need representatin? Please help!

ANSWER: You can do whatever you want about the ex girlfriend. You can sue her or turn her over to the lawyer or whatever. It isn't going to do you much good. They have you on the hook and so they most likely would never bother to contact her at all.

So you say you are contemplating going to the court hearings and fight this? Just how do you plan to fight? What will you say? What can you possibly say the the court will accept as a reason you don't owe the debt?

And if you don't say it in writing then they probably won't listen to anything you have to say. So should you hire a lawyer? What for? Do you simply want to throw good money after bad? Probably not so no, I wouldn't advise you to hire a lawyer. Stop and think about it. What is a lawyer going to say that you don't tell him? He isn't a magician and he can't pull a magic rabbit out of the hat for you.

If you are going to fight you do need help to leran how to prepare your response to the court and how to defend properly. There is a lot more to it than just going to court and coming up with whatever sob story. The courts don't listen to sob stories.

In order to even hope to win you have to go on the offensive instead of being on the defensive. You have to find what is wrong with their case and how it is being presented. And no matter how many tricks you come up with you are still likely to lose and get a judgment against you so in order to beat that you will have to get even more agressive and take them to federal court. That's the only way to win. Find their violations of federal law and take them to court.

How much do they want anyway? And what do they want it for?






---------- FOLLOW-UP ----------

QUESTION: I am not fighting the collection agency to remove the debt. I just want to know if I have a chance for them to not come after ONLY me when both of our names appeared on the summons. I am not trying to tell a "sob story" as you put it, only the facts that I have a family to support and that my ex-girlfriend is just as responsible for the debt, since BOTH of our names were on the lease and on the summons. I just want to know if it was legal for me to be sued without having prior knowledge that I owed anything to this real estate managment company or given a breakdown of the alleged damages and attorney fees, and simply why I am being targeted when she was the last to move out. I don't have any "tricks" up my sleeve or am being vindictive against my ex-girlfriend. I am merely seeking a fair judgement that will also hold her responsible for what is owed. I am prepared for the worst, but I just wanted a fair chance. And to whomever wrote that earlir response to my question, your reply was very judgemental and not helpful at all.

Answer
Ok, now you have clarified things just a bit. Her name is also on the summons so if she don't file a response or show up at the hearing they will get a default judgment against her as well. They will most likely go after the both of you with garnishment and whoever is the easiest to get hold of in terms of assets will probably end up paying the whole thing. That will be especially true if she isn't working somewhere.

Yes, my response was judgmental because there are few who will stand up and fight even though their rights have been vioated and they are not treated fairly. It appears that you have no interest in defending against this lawsuit but only care about making your ex pay her fair share of the burden. It appears that it is not important to you that this judgment will stay on your credit report for the full 7 years plus that is allowable under the law and will kill your credit score on top of having to potentially pay the whole debt yourself if she isn't working and has few or no assets they can go after.

Does she even know about the lawsuit against her? If not, how will she go about defending a lawsuit she don't even know about? Would that be fair? It happens all the time. Maybe it would be a fair thing for you to do if you would make sure she knows about the lawsuit and has a chance to defend. Maybe they served her at an old address or any old way they can without even bothering to think about whether or not she has a fair chance to defend if she chooses to do so.

While we are worrying about what is fair and what is not fair we need to consider everyone affected too, don't you think?

The lawsuit isn't the only thing to worry about. Other things include your credit reports and your credit ratings and whether or not you are being treated fairly in the process.

You said I was not helpful. What would you have me do to be more helpful?