Can I Be Sued For My Adult Kid's Actions?

[JimSim]

What is the name of your state (only U.S. law)? CA

My son (19) moved out of an apartment he was renting with 3 other people. Rather than continue in the apartment without him, get another roommate or whatever they decided to leave too so they broke the lease and paid the remaining rent and fees associated with that.

Now the former roommates are threatening to sue my son for 100% of the fees they paid claiming his actions (moving out) caused the fees to be levied. But, and here's the kicker, because they know my son has no means and a judgement would probably be useless, they are threatening to sue me as well!!! I have no involvement whatsoever other than providing my son with a cash allowance for college and associated fees. I never signed anything and even advised against a lease in the first place!

I guess I have two questions, 1) can I be named like this in a lawsuit even though I am not involved? and 2) can I counter-sue these parties if they persist in involving me?

 

[CourtClerk]

1) can I be named like this in a lawsuit even though I am not involved?

How old was your son when he entered into the contract? Did you cosign the lease/rental agreement?

Note: Anyone can sue you/name you to a lawsuit for any reason under the sun. Doesn't mean they will prevail.

and 2) can I counter-sue these parties if they persist in involving me?

See above. You can countersue if you want. Don't expect to win.

 

[BL]

They can name you ,and you can make a motion to remove your name / or show up in court proving no involvement .

 

[JimSim]

How old was your son when he entered into the contract? Did you cosign the lease/rental agreement?

First, thank you for your reply!

My son was 20 when he entered into the contract and 20 when he left.

I did not sign or cosign or verbally agree or in any other way enter into this agreement.

Note: Anyone can sue you/name you to a lawsuit for any reason under the sun. Doesn't mean they will prevail.

See above. You can countersue if you want. Don't expect to win.

My biggest issue is I live across the country from where this all took place. Is there any way to avoid having to take time off work, fly to this area and defend myself in person when I am being named in a purely frivilous way?

And, if I simply do not show up, will a judge really render a judgement against me when my name, signature, etc. appears no where on any of the agreements?

Is there no penalty for the person bringing a case against someone completely uninvolved? I mean, can I just walk down to my local court and claim these parties stole money from me and force them to travel to my state and appear? And I don't get in trouble for that?

 

[JimSim]

They can name you ,and you can make a motion to remove your name / or show up in court proving no involvement .

Thanks for your reply.

So, I would get a chance to make my case on paper as to why I should not be named in the suit? Or would I have to go there in person to make the motion to have my name removed?

 

[BL]

You could probably hire an attorney in that area to file a motion to dismiss you from the case .

Best bet .

I can't tell you how you would file your own motion, someone else may know .

 

[JimSim]

You could probably hire an attorney in that area to file a motion to dismiss you from the case .

Best bet .

I can't tell you how you would file your own motion, someone else may know .

Thanks for the reply. I'm hoping to avoid any expense in this crazy situation as I am not even involved!!!

If there was some sort of risk to the other parties I could maybe get them to remove me based on that. Something like, if you name me you'll lose anyway and then I'll countersue so let's avoid all the hassles all around and just get my name off the case!

 

[CourtClerk]

First, thank you for your reply!

My son was 20 when he entered into the contract and 20 when he left.

I did not sign or cosign or verbally agree or in any other way enter into this agreement.



My biggest issue is I live across the country from where this all took place. Is there any way to avoid having to take time off work, fly to this area and defend myself in person when I am being named in a purely frivilous way?

And, if I simply do not show up, will a judge really render a judgement against me when my name, signature, etc. appears no where on any of the agreements?

Is there no penalty for the person bringing a case against someone completely uninvolved? I mean, can I just walk down to my local court and claim these parties stole money from me and force them to travel to my state and appear? And I don't get in trouble for that?

Be advised. If they attempt to serve you in small claims court, they can only serve you within the State of California if they are claiming breach of contract. That doesn't mean that people will not and don't falsify a proof of service and you will spend a bunch of time unraveling this. However, no one can sit here forever and tell you a bunch of coulda's, woulda's and shoulda's.

 

[Ohiogal]

First, thank you for your reply!

My son was 20 when he entered into the contract and 20 when he left.

but yet:

My son (19) moved out of an apartment he was renting with 3 other people.

Is 19 his name or something else? Because apparently you don't know how old he currently is let alone how old he was when he moved into the apartment. Or his name is Benjamin Button and he ages backwards.

 

[JimSim]

but yet:


Is 19 his name or something else? Because apparently you don't know how old he currently is let alone how old he was when he moved into the apartment. Or his name is Benjamin Button and he ages backwards.

thanks for your non-contribution!

20 is the correct answer. anything useful to offer?

 

[JimSim]

Be advised. If they attempt to serve you in small claims court, they can only serve you within the State of California

thanks for the reply. I had also heard this somewhere else and it may make this all easier since I'm out of state.

 

[CourtClerk]

thanks for your non-contribution!

20 is the correct answer. anything useful to offer?

Lets not get snitty. She pointed out an inconsistency in your story. Better you clean it up now, than you be called on it in court and then everything that comes out of your mouth is suspect.

 

[JimSim]

Lets not get snitty. She pointed out an inconsistency in your story. Better you clean it up now, than you be called on it in court and then everything that comes out of your mouth is suspect.

The mistake (19) was not relevent to the question and I had already clarified it. The snide Benjamin Button comments deserved an appropriate response. One was provided!

 

[CourtClerk]

The mistake (19) was not relevent to the question

It is, in fact relevant.

and I had already clarified it. The snide Benjamin Button comments deserved an appropriate response. One was provided!

Well, since you are so proudly disrepectful of the Senior Members (and an attorney no less) around here, I hope you had all your questions answered. No more will be.

 

[JimSim]

It is, in fact relevant.

Well, since you are so proudly disrepectful of the Senior Members (and an attorney no less) around here, I hope you had all your questions answered. No more will be.

Respect is earned. Not granted because you are a senior member or an attorney or a janitor or a king.

I made a mistake in a post and then corrected it and then responded, in kind, to a snide remark about that. Just because you are a senior member or an attorney does not grant you special rude-behavior privileges. You get what you give.