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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I have been jointly summons to appear in court for a debt collection

Customer Question

I have been jointly summons to appear in court for a debt collection case involving my ex boyfriend and my self. I was a co-signer for a dental credit care for him 5 years ago. I took him to small claims court 2years ago hoping to get him to help pay back debt that I aquired from supporting him for 2 years and was denied any help. This was one of the items I was trying to take care of, and he assured me then that he would pay it and take care of it. Here I am 2 years later, summons to court because he hasn't paid anything on it. Its now the sum of $2,322.04, plus an interest of 5%to date, plus court cost. I am currently working with a consumer credit councelor service to make payments on the $14000+ he already left me with, I can't afford any more. What can I do?? I don't even know where to start! Please Help
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.

DearCustomer- Anytime you co sign for a debt you become as responsible as the primary debtor. The details of your relationship with this guy have nothing to do with the creditor in the dental case so you will have to defend the action and file a dross claim against your ex boyfriend for contribution.

 

The creditor doesn't care who pays them since all they want is the money. You have a valid suit against your ex so you might as well file a cross claim in this case. In addition you will need to file an answer so the creditor does not obtain a default judgment against you.

 

If you cannot find a reasonable solution to this you may have to seek relief in bankruptcy court in order to avoid garnishment of your assets and possibly wages.

 

David Kennett - JD - Attorney at Law

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 18 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Would it be in my best interest to get an attorney?

Expert:  Dave Kennett replied 5 years ago.

It is always better to have an attorney in any court case. The problem may be that you will spend a lot of money and still lose the case. You may want to get a consultation appointment with an attorney who could review all of your options. That way you would only have to pay for a short appointment and not have to spend big bucks on a retainer for a losing case.

 

Your money may be better spent filing for protection in bankruptcy.

 

Dave

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