Legal Question in Credit and Debt Law in California

A few years ago 2 other friends and I signed a 1 year lease on a house. When it was time to move out, we were young and irresponsible and left the house a mess and charged us with a fee of $3,183. We didn't pay and it went to collections and have been effecting our credit. I called the collections company and made an agreement of paying my portion which is $,1061 (per person). I spoke with the debt collections company and they said the only way to get this off my credit is to pay it all completely. Now my portion is paid off, however however the other girls refuse to pay their portion. I wanted to know if there is any way I or the debt collections company can serve them legal papers and they would be obligated to pay their portion? If so how? Or is there a better option?

Asked on 5/24/13, 3:13 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

You can pay it all and sue them. You are all jointly and severally liable for the debt?.. Some collection companies will sever the debt but it sounds like they won't drop you which is unfortunate..if they won't budge and you want it off your credit you will need to pay it and then sue them for reimbursement...

Good luck..

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Answered on 5/24/13, 4:39 pm

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Pay the debt and sue them for the monies owed. You can do this with a lawyer or without a lawyer but your chances of winning are exponential if you hire a lawyer. If Kelvin Green is in your area, hire him. If not, hire a lawyer. Or, once again, you can do this by yourself it just involves a lot of annoying court paperwork and time at the courthouse.

Nice thing about lawyers, they do all the work for you. If you are not strapped for cash and it is just the point you are trying to make, work out something with a lawyer. We go to school for a long time to learn this stuff and it makes your life easier if you let us do it for you.

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Answered on 5/25/13, 7:28 am

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