Legal Question in Credit and Debt Law in California
Debt assignment or transfer
I have a debt for telephone services in the amount of 1200.00 in my name because the account for the phone number was in my name. However, the 1200.00 in phone charges were the result of a fellow roommates acceptance of collect phone calls for a period of 2 months without my consent or knowledge. The roommate verbally agreed to pay the collection agency installement payments but has defaulted on them. Is it possible to transfer the liability or assign the debt to this person since they have defaulted on their verbal agreement to pay it? If so, what forms or procedures are needed to both the collection agency and to the person to whom the debt should be transferred to? Any help would be greatly appreciated! Thank you very much....
1 Answer from Attorneys
Re: Debt assignment or transfer
Sorry, but you are liable to the phone company for the debt. It is your primary responsibility to pay it.
You have an action against the former roommate, but you can not "transfer" the debt without the consent of the phone company or the collection agency.
You should make the payments, in order to keep your credit clear, and sue the roommate in small claims court.
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