question about creditors ?

Question

My EX and I have received a letter in the mail from a collections agency, stating that we need to call them in (7) working days to resolve what we owe them. If we dont call them they are going to take us to court, and any interest , attorney fees will be added to are balance.

The question I have is that If I pay my half are they going to be able to let me go? Or they going to keep me on there untill its fully paid since both of are names are on the bill? But if he sighns a paper stating that he is going to pay the other half would they?
If your wondering what where being billed for, it's for an apartment that we had in 05 in both of are names.

no we were never married. they put both of are names on the apartment.

Answer 1

since both of your names are on it, it is really going to affect both you regardless. Only way around that is to get a lawyer who can sit down and draw up papers saying you are responsible for this and he for that. However if that is not a sure thing. The best thing to do, is to contact them and speak with them directly, let them know your situation and most of the time they will work with you if you are willing to work with them. If they start to get rude with you (which most will try, you know the strong arm approach) just say "look, I know I haven't been able to pay that for a while, blah, blah, blah, but you have no right to talk to me like that and I will not stand for it." If they continue to be rude just say hey look, you can put your supervisor on the phone now please, thank you. Hope this helps and good luck!!

Answer 2

I'm not an attorney and I don't know specifically where you are and how they handle divorced couples and debts. That said, it sounds like you were married when you had the apartment. If that is the case you would normally both be on hook for the bill. Most place consider debt and income to all be community property. Just as ALL are entitled to the income, All are responsible for the debts.

The creditor just wants to be paid and doesn't care which responsible party makes the debt payment.

I would suggest you see your divorce attorney and see what the divorce decree says about debts. If there is specific language then you might be able to do just what you want to do.

It is up to you, of course, but if the money is not excessive and you can swing it, it might be best to just pay it off and ask your Ex to pay you. Then forget he owes you anything and just consider it found money if he ever pays up.

Good luck, I hope it works out well for you. Divorces can be very complex and I don't envy you trying to sort something like this out...

Answer 3

-I use to own a debt collection company, read this.

It depends on what state you are in, but usually you are "both" 100% liable for the rent. Which means if you pay 99% of the debt, and he doesn't pay the last 1% then you are still both legally liable for the remaining 1%.
If I were you, I would try contacting them and seeing if they will except payment of half of the debt for your release of liabilty. If they agree, then GET THEM TO PUT IN WRITTING that you are free of the debt by paying half. DO NOT JUST TAKE THEIR WORD FOR IT. GET IT IN WRITTING. If they won't agree to release you from the remainder of the debt with a partial payment, then I would just wait until the sew you and take you to court (remember this is civil court NOT criminal court) you haven't been charged of any crime. When you get to the judge he almost always gives an order for both of the parties to pay their half of the rent. THIS is when you are "seperated" from being liable for his half of the rent. Once you pay your half of the debt, after the court hearing, you are free from being liable for your ex's to part of the rent.
If I were you, and I you two weren't able to pay in full in the next 7 days, then I would just wait until you got taken to court, otherwise you could end up paying half of the rent for nothing.
Plus the "attorney fees" for the apartment complex or collection agency are usually minimum. Sometimes the judge won't even make you pay them.
Good luck!!!

Answer 4

You really need to contact both the collection agency and your ex. Laws differ from state to state, and you do not say if this is an ex-boyfriend or an ex-husband. Most of the time, though, you will be considered responsible for the debt until it is paid in full, even if you pay your half. If your ex is unwilling to pay, you should pay the whole thing, and then sue him in small claims court to recover the money you paid for his half of the debt.

Answer 5

When ever multiple people sign a contact , each is fully responsible should the others default . . .
soooo , collections will NOT quit on anyone until they are paid in full.
You should have copies of the contract you signed and receipts for amounts paid.
Do your math yourself , and know before you contact them, that the collectors are the blood sharks of the collection world.
They don't care if you've been bedridden for a year with cancer, they want the $$$$ , period !
All things considered , you maybe should consult with a legit credit consultation company and maybe get the debt put under management - that might supersede the collection agents.

Answer 6

You and your ex were both on the lease. They are not concerned about your personal differences. They just want to be paid in full. See if you can try and settle for less or can get set up on a payment plan.

Answer 7

Since both of your names are on the lease, both of you are liable for the money due.

Answer 8

they may let you go for half
but don't count on it
keep in mind the more they get you for the more they make as the get a percentage of the debt
hence their agrresive tatics
do NOT CALL!!!

wire them a certified letter instead with return reciept
it is important that it all be documented
as verbals really do not hold up
contracts and letters do. keep in mind if they do settle make sure it says that it is PAYMENT IN FULL for the OUTSTANDING DEBT, and not just payment
otherwise later in time you will get a another notice for more money

November 13, 2006


Dear _____________________:

This letter is being sent to you in response to a notice sent to me on November 3, 2006. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.
• Prove the Statute of Limitations/UCC has not expired on this account
• Show me that you are licensed to collect in my state.
• Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that your offices make no telephone contact to me at my residence or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Answer 9

you need a lawyer . talk to one now dont sign anything could be scam.... ask for verfication.................
talk to a credit lawyer........ dont mess around do it now.