What Rights Do we Have?

[Nicolette]

When my husband left his ex-girlfriend, he left at the end of his lease and did not renew it. She however, began forging his name to a month-to-month lease. She also kept the utilities in his name after agreeing to turn them over into her name. Now, the utility companies are turning the balances over to our utilities that happen to be in my name, not my husband's. When we found out that she was continuing to use the utilities in his name (and pay on them using his name) we immediately had them cut off. We then confronted her and asked her what she was going to do, and she again agreed to have them turned over into her name. Nevertheless, we are now left with her extensive bills, and she is trying to leave town. Is there anything we can do?

 

[Tracey]

You need to so 2 things. First, write the landlord & explain that H left after the 1 year lease ended & that X forged his signature on the month to month rental agreement. Second, get down to small claims court TODAY & initiate a lawsuit against X for the utilities. Ask for "damages in the amount of $452.00 or as proved at trial." That way, if you find out about more bills after today, you can add them. Have her served immediately. Once she's served, you'll win by default if she doesn't show up for court. If you wait until she leaves town, you'll have problems getting her into court under the jurisdiction laws, & problems finding her.

After you win, use her SSN to find out where she's working & garnish her wages. You can do the garnishment yourself or a professional collector will do it on a 25% (or so) contingency fee.

Tell you kids to make sure they don't make H's mistake -- turn off the utilities themselves!

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.