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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91003
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Me and my ex bf were sent to collections for an amount owed

Resolved Question:

Me and my ex bf were sent to collections for an amount owed at the apartment we used to live. I left the apt. and he stayed. I left because I was being abused, I couldn't take his abuses anymore. He never paid any rent, and now ignores the calls from collections. So I've been making monthly payments to the collections people but there is more than $3,000 remaining to pay it off. I was wondering if this is going to affect my credit. Also, will I be able to rent another place before I pay this off? If not, when should I be able to rent another property?
Thanks.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If your name was on the lease, your landlord could seek to hold you liable for the payment on the lease and it will be reported on your credit I am afraid. Also, if there was domestic violence, you could have gotten out of the lease legally and not had any liability by providing proof to the landlord of the domestic violence by a police report (the report is mandatory to avail yourself of the right to get off of a lease based on domestic abuse). If you did not do this, I am afraid the landlord can hold you liable and it would be on your credit and it would also stop you from getting a new apartment to rent. This can prevent you from renting and be on your credit report for up to 7 years.

One option legally is to sue the ex for the money due and seek to collect that judgment in small claims court against him. Also, you can first pay off the delinquent payment and then sue your ex for him to reimburse you for the money he should have paid that you paid.



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Customer: replied 1 year ago.

What if I pay this balance off? Will I be able to rent another place?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If you pay the balance off, it would show as paid and you should be able to rent again, although some landlords may question the late payment and you will have to explain what occurred to them to satisfy them you are not a rental risk.

Customer: replied 1 year ago.

If I sue my ex when this is all paid off and he refuses to pay me back, assuming he is either employed or unemployed, what could happen to him? Would he go to jail for nor paying or not showing up in court? I already know he won't pay me back, he is very irresponsible when it comes to paying rent on time, unless he knows he might go to jail. Also the only reason he works is because he has to pay child support for his daughter because he knows if he doesn't pay he will go to jail. So I don't want to try to sue him in vain.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

If you sue him and get a judgment against him, then you can seek to garnish his wages (presuming you are not in a state like Texas or NC where they forbid garnishment of wages, but you have not mentioned your state) or you can levy his bank accounts or even seize property he owns like a car to satisfy the debt.

He would not go to jail for not paying a civil debt or not showing up in court I am afraid, but you can seize his property and take it from him to sell it to pay the debt.
Customer: replied 1 year ago.

What does levy a bank account mean?

Expert:  Law Educator, Esq. replied 1 year ago.
It means the sheriff would serve notice on his bank and they would take whatever money due on the judgment out of his bank accounts.
Customer: replied 1 year ago.

What if he doesn't have any money on his bank account and no properties at all? What happens?

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry to say if he has no money and owns no car or other property you can get the court to seize, then you would not be able to get a judgment satisfied other than through garnishment of wages if your state does not prohibit garnishment.
Customer: replied 1 year ago.

Okay, thanks for your help.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much. Please do not forget to click on excellent service feedback as that is the only way the expert gets credit for assisting you on this holiday.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91003
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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