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Cosign Issue - Valid or Not?

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Junior Member
What is the name of your state? California

I hope this is not too long winded!
We have an issue with a law firm that represents an apartment complex in LA. Basically what has happened is my girlfriend was going to cosign for her sisters place in LA a year ago, but she never filled out a "Cosigner Agreement" or a "Cosigner Application".
Here is where things get sticky, basically her sister was evicted and we did not even know that this went to court as we live 300 miles away from LA. And a judgement was filed against her. This judgement was made and my girlfriends credit is screwed as we had received a notice for collection from the legal firm. We have told them she had no residence there, and even the court papers do not have anything except an "Appartment Condition", which she signed when we helped her sister move into her place. basically it just says that the apartment was in good condition.
We cannot afford this, and help is limited. But we were informed from a sheriff in our county that unless the apartment complex has a "Cosigner Agreement" and the "Cosigner Application" then their case is not valid and it is grounds for defamation since they pursued the case with only a weak signature on one piece of paper.
Also my girlfriend was NEVER served, that's the other reason we did not even know this was occuring. Basically her relationship with her family is broken bad because of the actions of her sister in not even letting her know this was occuring.

As of today 9-12-05 the former apartment complex received a call from my girlfriend and they said that they did no have any paperwork with her name on it, but that she was still the cosigner????

Can anyone help to verify of give us a little guidance on where to go with this? Can we do this ourselves? I know that we should file a Notice of Service ---if I said that correctly, to show that she was never served. The once that is shown to file for a reversal of judgement or something? But then we have heard they would re-file against her and just re-serve her. But are hopes are that we would be able to generate a letter to defend ourselves and show that other documentation is needed to prove she was even a Cosigner. Nad threaten a defamation? I don't know what to do? Any and all advice would be greatly appreciated!!! (And this does not even include the discrepencies I have found in their accounting documentation filed with the court).



i don't know the exact legal requirements for specific paperwork, but an apartment condition report is not enough to bind your GF to a lease. time to go to court and find some justice!


Junior Member
Yeah I agree, but I am wanting to make sure that it is something to actually pursue because of the lack of documentation. And is it grounds for defamation since they have messed up her chances of getting a loan for a house and such? I am waiting today to hear if there is any new information from the apartment complex.

Another question is, if she is named in the lawsuit that had a judgement against her, then she should be able to see a copy of the contract from the aparment complex correct???? They don't want to give her a copy as of yesterday and said that she was not on anything? What a pain! :mad:


Cosigner-Issue said:
Another question is, if she is named in the lawsuit that had a judgement against her, then she should be able to see a copy of the contract from the aparment complex correct????
um.... yes and no. if the lease was entered as evidence in the suit, then she could get a copy through the courts. but just because the LL files a court case doesn't mean you can raid their office files for anything to help your case.

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