Legal Question in Credit and Debt Law in Utah
Collection notifying me of payment due 6 years later
In May 2000 I signed a lease for an apartment with a roommate in Utah. I was 17 years old. I moved out 1 month before the lease was up, and the roommate stayed the last month. The roommate did not clean the apartment or pay the cleaning fee. In 2002, I received a letter asking for payment for that cleaning fee, and advised the collection agency I did not live there at the time, they said I was not responsible for that payment. In 2003, the roommate filed bankruptcy. November 2006, a law office sent a letter to an old address stating I must now pay $1700 or have my wages garnished for the amount if I do not offer to pay. I now live in Florida.
*Is it legal to charge me this money 6 years later?
*Are they able to charge me this money when the collection agency advised me I am not responsible for this charge?
*Does being 17 years old at the time of signing the lease impact the situation?
*Can they persue this action across state lines?
1 Answer from Attorneys
Re: Collection notifying me of payment due 6 years later
1. You may be liable because you signed the lease. You may be able to recoup from your roommate, even though he filed bankruptcy IF you were not named as a debtor on the bankruptcy. 2. You are liable on the contract for up to 10 years. 3. The collection agency's opinion is not binding. You may still be liable. 4. Being 17 is a defense you can raise in court if sued. If you were "emancipated" you may still be liable. 5. The action can go across state lines. 6. The law office can only garnish wages if they get a judgment against you. You may want to get a third party (attorney) to negotiate settlement on your behalf. $1700 sounds high for one month's rent and cleaning fee and attorney fees. There is certainly room to negotiate. Part of the negotiation should include removing the debt from your credit record.
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