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Signed for Boyfriend & He Was Evicted - CA threatening Wage Assignment


troubleinaz
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Hi there,

My daughter signed for an apartment for her boyfriend because he couldn't qualify to rent. She lives with me at home and only visited him there. One day when she went to visit there was an eviction letter on the door. They had already gone through all the court proceedings and received the judgment, but this was the first notice she had ever seen.

Boyfriend swears he was never served or mailed anything, that he left the payment in the drop box & they lost it.

The apartment complex has the judgment. It's in both of their names, but only reports on my daughter's credit. They have since split up, but BF is taking responsibility for repayment since he is the one that let it happen. Since my daughter was never notified of the court proceedings she was not able to be there to ask that her name be removed.

Long story short: CA called BF & he worked out a payment schedule of $250/month...when the paperwork arrived to sign, it stated $250/WEEK. He called to have CA adjust and got stuck with a different Agent that was rude and didn't like the agreement he had made. All she kept asking for was my daughter's information. He told the CA that my daughter was working and not to call her. She did anyway, of course, and told her that BF was yelling at her, and she was calling as a courtesy to her because BF was so adamant about not involving her that it seemed "fishy".

CA proceeded to tell my daughter that the $250/mo was not enough and that she needed to put it all on a credit card (over $4k) and let the BF pay her back....or have her wages garnished.

She called me hysterical. First of all, they cannot call her at work, right?

Second, if the BF worked out a payment arrangement already, can they still call my daughter to harass her for more money? And, was the CA breaking any laws by threatening wage assignment at this point?

Third, can my daughter file anything in court to have her name removed from the eviction judgment? BF is completely willing to appear in her behalf. The court clerk gave little to no hope that anything would help get her name taken off.

I appreciate any recommendations. What should we/they be doing to protect themselves right now? Thanks in advance.

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Your daughter need to notify them that she cannot take calls at work. Then they are obligated to stop calling her there.

As for getting her name removed, unfortunately, that's what co-signing is - it means you're responsible if the person doesn't pay. Hopefully the BF will be able to work something out with the CA. And your daughter can call the CA and negotiate with them, as well. But, unfortunately, since she co-signed, it's both of their problem, even if he's taking responsibility for it. And, unfortunately, the judgment will probably go on your daughter's credit report, too.

If you can pay it off, you might be able to negotiate with the CA for a smaller amount and possibly the removal of it from the credit reports. That would be a good alternative.

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