Legal Question in Credit and Debt Law in Michigan

Apartment Lease

I Co-signed an apartment lease for my Ex-girlfriend because she was out a job. I had my own apartment. I never shared her apartment but helped her out to pay her rent once in a while. She broke the lease 4 months before the lease ended. Iam getting calls from the collection agency demanding payment for $3200. She is refusing to pay anything. What should I do?


Asked on 12/30/02, 9:27 pm

1 Answer from Attorneys

Thomas Weiss McClintic & Weiss, P.C.

Re: Apartment Lease

Hello.

1. Firstly, it would be good to know if the landlord obtained a judgment against you, or whether the collection agency is operating without a judgment. If there is a judgment, were you served with notice of the judicial proceeding? If not, you may want to have an attorney look into this irregularity.

2. Secondly, you have recourse against your ex-girlfriend. You can bring suit against her and obtain a judgment that is good for ten years. This case may be filed in small claims court, but the amount is then limited to $3,000.

Small Claims cases involve suits for money disputes up to $3,000.00. Initial small claims hearings are before magistrates, whose opinions can be appealed to a judge. If you have a case in small claims court, you give up the right to a jury trial, and the right to appeal a judge's decision to a higher court. Either party may request that the matter be placed on the regular civil docket. However, the request must be made before the date of trial.

For $3,200 - you may want to hire an attorney - both to protect your rights from the landlord/collection agency AND in situating you in such a manner as to maximize the possibility of getting your money back from her.

Good luck,

Tom Weiss

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Answered on 12/30/02, 10:20 pm


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