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Collections Law/Joint apartment debt
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Question
QUESTION: I was on lease with my boyfriend.We had fight and i moved out but didnt checked out.He broke the lease.Collection agency trying to make me pay everything!cuz they cant find my ex!i gave them his address but he doesn't contact them back so they try to take me to court!Do i have chance to win court and be responsibly at least for half and they will have to garnish his pay check?What can i do?
ANSWER: You were joint on the lease making you equally responsible for the whole thing. Have you been served with a summons and complaint yet? Once they get you on the hook then it is up to you to force your ex to pay up his half at least. In order to do that you would have to sue him in court. You might be able to file a joinder to get him on the lawsuit too. That might work. Can you win in court? Yes, it is possible and I teach people how to do that. I teach them how to win one way or the other.
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QUESTION: i haventbeen served yet.I just requested papers from collection with details about my debt.So can I pay it off whole thing and after that sue him for half?Or should i request this decesion on the court which collection is trying to take me?if court order they can garnish his paycheck too.I dont work right now.So the fact that he doesn cooperate can put all responsibility on me?but after court they can find him right?
ANSWER: Probably the best bet for you is to pay the whole thing off and then sue him. But can you do that? If you aren't working then spend that much money you just might end up in serious financial trouble for having paid it off.
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QUESTION: well my husband support us right now and i am staying with baby,so i dont know if they can garnish my husbands acount and we have joint acount.and on other side if i will pay it off can i legally sue him for half?even if i cant find him,I dont know how to cantact just adress where he probably lives with his parents.
It looks to me like you need some serious help that you can't get for free. Since I don't know what state you live in I don't know whether they can go after your husband or not. If you live in a community property state then yes, they can. You can sue him for half if that is what you want to do. On the other hand you can sue him for the whole thing since you were both equally liable for the debt. You can try to have him served at his parents home.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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