stilljones1
May 30, 2009, 09:12 AM
This is continued from question asked: "Am I responsible as guarontor for a lease after 2 yrs". I received two responses saying I am responsible, how do I settle the right way and do you think I can settle for less money? They are asking for: $906.00 total
Rent- $748.21
Utility Reim.- 63.65
Legal Fees - 57.01
Interest - 37.13
Org. question: I cosigned for my brother to rent an apartment in 2006. He joined the army 12/2008; he gave the apartment complex the orders January 3, 2009 when he mad Jan. pmt & left the January 21. The lease was originally up at the end of 2/2009 but my other brother was a tenant their & stayed two days into the final month of the lease. They took him to court for eviction or after he already moved out but the case was thrown out. A collection agency is rudely trying to get me to pay one month and one partial months rent same for water and legal fees. 1st had heard of it, but when they knew I wasn't going to pay anything until they sent me a breakdown showing what they want me to pay; she rudely informed me if I didn't take care of this it was going on my credit report right next to my mortgage and it would be as bad as a foreclosure. I informed them my brother had orders from the military to leave and she said that didn't cover my other brother; I didn't know it at the time but he is not even on the lease (just a tenant). I was thinking about trying to settle and keep from getting on my or my brother's credit report but
I want to know if I don't pay what can they do legally. I try very hard to take care of my credit but I think this is kind of unfair and since they were so rude to me before that doesn't help much. I live in North Carolina, please give me some advice.
1st Answer: Hello still:
Couple things: Collection agents are rude. That's given. The good news is, you don't have to talk to them anymore...
It's good that you want to settle too, because you owe the money. First and foremost, you guaranteed that you'd pay, and they're, in fact, owed it. The other brother DID stay into part of a month, thereby causing the entire months rent to become due.
I have even other good news, but it's going to involve talking to the collection agent again... But, this time, things'll go different. Cause, you're going to be offering them CASH, and they like that...
First, you need to pull your credit report to make SURE that this ding isn't already on there. If it IS, you tell them that they won't get a penny unless they promise to "remain MUTE when the credit bureau calls to investigate". That phrase is KEY to getting the ding REMOVED from your credit report.
They'll tell you that they can't... but, of course, they're lying... If they agree, and they should, because they work on commission and they don't get paid unless YOU pay, make sure you get their letter promising to do so BEFORE you send money. Once you pay, challenge the entry with the credit bureaus. They're required to investigate your claim, so when they call the collector, he's going to keep his mouth shut, and the ding comes off. If they DON'T keep their mouth shut, you can sue their a$$'s off.
You also ought to be able to negotiate a lower settlement too, depending on how good you are.
Next time, if you don't want to guarantee a lease for longer than its original term, you need to write a certified letter to the landlord explicitly removing you as a guarantor IF the lease is renewed.
2nd Answer
Sorry brother did not "move" out until the apatment was empty and you are responsible for it.
*** Also if he gave them the orders in jan, he would still owe the Feb payment anyway,
So you and brother was at fault for not making other brother move out at same time.
Credit people are rude, sorry most are.
But yes, you need to try and settle, get it in writing.
It is unfair, it is rude, but it is legal since you were a signed for him.
Rent- $748.21
Utility Reim.- 63.65
Legal Fees - 57.01
Interest - 37.13
Org. question: I cosigned for my brother to rent an apartment in 2006. He joined the army 12/2008; he gave the apartment complex the orders January 3, 2009 when he mad Jan. pmt & left the January 21. The lease was originally up at the end of 2/2009 but my other brother was a tenant their & stayed two days into the final month of the lease. They took him to court for eviction or after he already moved out but the case was thrown out. A collection agency is rudely trying to get me to pay one month and one partial months rent same for water and legal fees. 1st had heard of it, but when they knew I wasn't going to pay anything until they sent me a breakdown showing what they want me to pay; she rudely informed me if I didn't take care of this it was going on my credit report right next to my mortgage and it would be as bad as a foreclosure. I informed them my brother had orders from the military to leave and she said that didn't cover my other brother; I didn't know it at the time but he is not even on the lease (just a tenant). I was thinking about trying to settle and keep from getting on my or my brother's credit report but
I want to know if I don't pay what can they do legally. I try very hard to take care of my credit but I think this is kind of unfair and since they were so rude to me before that doesn't help much. I live in North Carolina, please give me some advice.
1st Answer: Hello still:
Couple things: Collection agents are rude. That's given. The good news is, you don't have to talk to them anymore...
It's good that you want to settle too, because you owe the money. First and foremost, you guaranteed that you'd pay, and they're, in fact, owed it. The other brother DID stay into part of a month, thereby causing the entire months rent to become due.
I have even other good news, but it's going to involve talking to the collection agent again... But, this time, things'll go different. Cause, you're going to be offering them CASH, and they like that...
First, you need to pull your credit report to make SURE that this ding isn't already on there. If it IS, you tell them that they won't get a penny unless they promise to "remain MUTE when the credit bureau calls to investigate". That phrase is KEY to getting the ding REMOVED from your credit report.
They'll tell you that they can't... but, of course, they're lying... If they agree, and they should, because they work on commission and they don't get paid unless YOU pay, make sure you get their letter promising to do so BEFORE you send money. Once you pay, challenge the entry with the credit bureaus. They're required to investigate your claim, so when they call the collector, he's going to keep his mouth shut, and the ding comes off. If they DON'T keep their mouth shut, you can sue their a$$'s off.
You also ought to be able to negotiate a lower settlement too, depending on how good you are.
Next time, if you don't want to guarantee a lease for longer than its original term, you need to write a certified letter to the landlord explicitly removing you as a guarantor IF the lease is renewed.
2nd Answer
Sorry brother did not "move" out until the apatment was empty and you are responsible for it.
*** Also if he gave them the orders in jan, he would still owe the Feb payment anyway,
So you and brother was at fault for not making other brother move out at same time.
Credit people are rude, sorry most are.
But yes, you need to try and settle, get it in writing.
It is unfair, it is rude, but it is legal since you were a signed for him.