Legal Question in Credit and Debt Law in Wisconsin
Our daughter signed her fathers name to a rental agreemtn with Nob hill apartments. Nob hill turned the unpaid fees into Starks Collection Agency. We proved that hubby did not sign agreement via hand writting sample, daughter admitted it to Starks Collections and is setting up a payment arrangement but Starks is threatening to place us into collections unless we come up with money. Hubby is retired and disabled vet, ill and I work very parttime. What can we do?
1 Answer from Attorneys
If you are truly destitute and cannot afford to pay debts, including this one, you owe it to yourself to at least consult with a bankruptcy attorney. While far from perfect, the bankruptcy option usually allows most consumers of moderate means to protect a sufficient amount of their income and property to permit them to continue life under a standard similar to that to which you have become accustomed, even after filing bankruptcy. That being said, if you dispute any debt which is in collection, including this one, you should also file a formal notice of dispute with the collection agency in a timely fashion whether or not you are also filing bankruptcy. If you fail to do this, the debt will be presumed valid, leaving you vulnerable to all lawful collection tools including possible wage garnishment, property seizure, and damage to your credit. If you daughter was a minor, you may automatically be liable for any debt required in order to provide her with a �necessity� of life under the law of parental responsibility. It is unclear whether private outside private housing would ever qualify as such a necessity, provided that you had offered adequate housing to the minor child in your own home. However, either way, if she was an adult when she applied for the rental, you may be able to escape liability, so long as you did not make any promises to the landlord yourself and continue to properly stand up to the collectors (and protect yourself if court if the collection still goes further despite your disputing the debt). My comments in this public web forum are intended only for public educational purposes and not as legal advice for you. You therefore should retain your own attorney as soon as possible. However, you are welcome to contact me at my office in Racine if you wish to discuss this matter further.