Legal Question in Credit and Debt Law in Georgia
I lived with someone all of last year and our lease was up in Feb. I could no longer live with him because he was behind on his half of all the bills. For months, I would pay the difference in order to cover myself because all of the bills were in my name (with the exception of the lease, which was in both) and even after we moved out I still paid what I could towards things. The problem is that I did not nearly have enough to cover all of the things he did not pay. He promised he would continue making payments to all of the different places until they were paid. A couple months went by with him promising he had been making payments and I found out that this was not so. Now, I have been receiving collection notices that are affecting my credit, but I do not have the money to cover any of them as I have spent everything I had saved trying to pay what I could. Is there a way for me to get these debt notices put into his name so that they affect him and get him to pay it off?
2 Answers from Attorneys
You left out the only fact that matters.
Are those bills in your name? If they are, they are legally your bills and you are responsible. You may want to see a bankruptcy lawyer to determine what you can do to protect yourself.
It depends. If these are debts that are just in your name, then no. If these debts are jointly in his and your names, then maybe. He has to be willing to take responsibility for these debts and the creditor has to be willing to release you if the debts are in both of your names.
You can pay the debts and sue him to the extent that you have paid more than your fair share for debts that are in both of your names. If the debts are just in your name, then you are liable. Maybe you can make an argument that you loaned him your credit card, but if that is the case, its your fault for giving him the card and allowing him to incur the debts.
You don't necessarily have to file bankruptcy. It depends on your overall assets and debts. While it would be good for you to get a consult with a bankruptcy attorney just to learn about bankruptcy, it is not right for everyone. And just because you have a consult does not mean that you have to file right now. You can file even after you have been sued and a judgment has been entered.
And there are alternatives. How much is owed? How long has it been since the debt was paid? What assets do you have? Are you able to put money into savings over time so that you can tackle one debt at a time? Have you considered debt consolidation or debt settlement?
I provide legal services to Georgia (and Pennsylvania) clients of a debt settlement company. I am not employed by the company and am not pressuring you to join. However, here is the website if you are interested: http://www.national-legal-center.com.
I invite you to check them out. While there are many many scam artists out there, this company is one of the few reputable ones.
If you are interested in debt consolidation, you can find the name of local agencies in your are a at www.nfcc.org.
For a reasonable fee, I also assist clients privately with debt settlement if and when you have at least 50% or more of the funds saved up (the amount will depend on the creditor or debt collector and law firm involved)..
If you would like to discuss your options, I will review your situation via email for free. You can contact me at [email protected] if you are interested.
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How those Head ship work in the United state of America Asked 5/17/11, 6:20 am in United States Georgia Credit, Debt and Collections Law