Taking name off of a lease

[denads]

What is the name of your state (only U.S. law)? Michigan but apartment was in Georgia

I signed a legal form from an apartment complex taking my name off of a lease. I called the apartment complex and asked if my husband was being evicted and assistant manager told me she couldn't discuss it with me because I was no longer on the lease. My x-husband was evicted and it got sent to a collection agency under my name and they are holding me responsible even though I signed their document taking my name off the lease. Can the apartment complex legally still hold me responsible?

 

[Who's Liable?]

It sounds like your name was NOT taken off the origonal lease that was sent to the collection agency. Management most likely had you sign a form, but did not update the original lease. I would ask for a copy showing your name removed as well as sending the name removal form to the collector.
They cannot collect if you had legally removed your name.

 

[Banned_Princess]

They also cant collect from you unless they have a judgment against you.

I hope you kept a copy of the release and it is signed by you, your ex and the management.

 

[Zigner]

They also cant collect from you unless they have a judgment against you.

Please expand on this. Of course they can pursue collection efforts prior to receiving a judgement.

 

[BL]

It sounds like your name was NOT taken off the origonal lease that was sent to the collection agency. Management most likely had you sign a form, but did not update the original lease. I would ask for a copy showing your name removed as well as sending the name removal form to the collector.
They cannot collect if you had legally removed your name.

My co-occupant moved out once and rent ,etc. was ajusted for me only as I ask management to take that occupant off the lease.

Turns out 3 months later the person wanted to move back in .We went to discuss it with the manager and come to find out that person was never taken off the lease,per say .

So even though other forms may have been signed , both lease holders appear to have remained on the original lease.

I agree ,obtain a copy of the signed release form and forward a copy to collections.

 

[Zigner]

I wonder if the OP ever GOT permission from the complex to be removed from the lease. Filling out a request form is not the same as having the request approved.

 

[Banned_Princess]

Please expand on this. Of course they can pursue collection efforts prior to receiving a judgement.

Well, of course they try, but the "charge" isn't really legitimate in cases like this without a judgment.

If it were me dealing with the collector, All I would say would be "do you have a judgment? no? call me back when you do"

 

[Ohiogal]

Well, of course they try, but the "charge" isn't really legitimate in cases like this without a judgment.

If it were me dealing with the collector, All I would say would be "do you have a judgment? no? call me back when you do"

So you would ruin your credit even more so by having a judgment go against you instead of paying a debt you owe?

 

[Banned_Princess]

So you would ruin your credit even more so by having a judgment go against you instead of paying a debt you owe?

I wouldn't pay a debt I believe I don't owe before a judge confirms or denies the claim.

 

[Zigner]

I wouldn't pay a debt I believe I don't owe before a judge confirms or denies the claim.

Right - and you'd let that item just sit on your credit report...thus ruining your credit.