I've been reading for the last few days, but i'm still a bit overwhelmed and lost. This all started with something else with my ex husband that i've read plenty of great advice on and I'm moving forward on that thanks to this forum.... But after pulling all my credit reports, I caught something else that shouldn't be on there....and here is the story I need advice on: I had a roommate and decided that I had had enough of him, so we both went down to the leasing office and signed a piece of paper to get me off the lease. Clouded by anger, I didn't get a copy of that paper and didn't think anything about it. I was just glad to be out of the situation at the time... A while back I saw the leasing agency pop up on my report, and I sent a dispute in. It said I owed "$0", so it seemed asinine and I thought it would just be yanked off. Hadn't been turned over to collections or anything.....and how would you collect on $0 anyways??? Now, on my most recent report a collection agency has shown up, tied to this leasing agency, and they want over 4 grand. I don't know what my roommate did, but I'm sure as hell not responsible. I've never gotten phone calls or letters from this CA either, as far as I know....but I was moving around alot doing the college roommate swap thing during the peak period of time when they would have been trying to contact me..... So now here is where I sit and ponder my next course of action and look to you guys for support/suggestions.... DOLA on the OC is 2005 ....this gives me one more year to wait until SOL in my state. DOLA on the CA is 2003....which puts them out of SOL in my state. Without that paper clearing me of the lease, should I try to mess with the OC? Start with verification letter, etc? From what I read, stirring up OCs is not always the thing to do....but what about in my case? Should I just wait for SOL? I plan on sending out the SOL letter to the CA unless someone screams "NO WAIT STOP" and tells me a better course of action.... Thanks everyone!
Whoa. Don't send a thing yet. First, when did you move out (month & year)? Second, when did the ex-roommate move out (month & year) if you know it? Third, check the court indexes and the clerk recorders' indexes in the county where you were living to see if you were sued and a default judgment was issued. Fourth, asserting SOL should be last ditch after other defenses ... a win on SOL triggers the requirement that the disappointed creditor issue an IRS 1099-C form for the amount of the debt. That's bad news for you. Other outcomes don't necessarily trigger the 1099-C form. Defaulting tenants who depart early trigger a requirement that the landlord mitigate their damages by re-renting in a reasonable time, which should reduce that $4k (but landlords are well known for not factoring that mitigation into the amount claimed in their suits ... trying to double-collect). If it's old enough, you should be able to either prove it's SOL, or make them admit that their claim isn't documented (chances are the paperwork may be missing or incomplete), or at least negotiate this w-a-a-a-y down. But since there is an ex-roommate, it might make sense to contact him or her and make sure he or she hasn't already paid in full (again, the landlord might now be trying to triple collect), or settled (and the settlement should reduce what you pay and also be a guide to what they should accept), or isn't fighting it, or doesn't plan to pay it ... in other words, you want them to pay not you, and you want to know where they stand. If sued, you might want to consider filing a third-party action against the ex-roomy for contribution ... as in, contribution of all the monies (as well as defending yourself by claiming that the ex-roomy was the only one still bound by the lease). Or, you might just want to sit back, let it go SOL for sure, and/or wait to see if the ex-roomy pays. Sending them the full amount because they made you panic would be one of the worst outcomes (second only to getting sued and not defending the case).
I moved out approx. April or May of 2003. I lost complete contact with the roommate. I have no idea how to get a hold of him. Honestly, I lived with him for such a short period of time that I can't even remember his last name right now. At the time, there had been an eviction notice posted, but my roommate managed to pay up enough money to avoid it, and enough for the company to allow me and him to sign that document removing me from the lease. I really don't know how to proceed at this point from a legally safe stand point. It's just so frustrating and I'll be so P.O.ed if I do have to pay a dime for this because it's not supposed to be my responsibility anymore. Damn my hot-headedness and naiveté for not getting a copy of that document. I'm having trouble finding access to my county's court records online, especially since I can't search based on my personal information.....they seem to want a case number.... Is this something I'll have to truck down to the actual courthouse to find out? And I'm not panicked, and I certainly don't plan on paying ANYTHING until absolutely necessary. Like I said, I haven't heard a word from the OC OR the CA since I moved out.....I just now noticed the CA account on my credit report after putting in a dispute over the OC having the account on my credit report for $0 a while back.
It's likely there would already be a default judgment (unless you caught it very early). If there is a default judgment, you would need to go in to have it vacated (preferably with a lawyer). I wish you knew the name of your roommate, because a suit against him that failed to join you (nonjoinder) and that went to judgment would be res judicata with respect to you and you would be off the hook. In other words, they would have had their chance already and missed it. So if you could check his name you might learn that you could not be successfully sued. If there's a Polk's directory that covers those years at your local library, chances are that looking up your old address might yield his name. If they had sued, chances are you would know it, so this trip to the courthouse is more in the nature of "covering your bases" than it is likely to actually result in finding that the landlord sued. But you can't leave your bases uncovered if you want a victory here.
Ok, thanks so much for your assistance flac. I'll be back once I can get to the library/courthouse and find all this stuff out.
