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Served yesterday, messy situation

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MLinID

Junior Member
What is the name of your state? Idaho

I will try to make this as clear as possible:

I was served papers yesterday and am beig sued by Dymanic Strategies out of WA for an old Discovery bill, currently ~$5500 after interest, etc. I have not made a payment on it since a large set-back in college (in NY) which started in 2001.

In college, I had a roomate who I later found out to be a con-artist. In an apartment we rented, we had a lease that was payable per semester due to financial aid. I paid the 1st semester and assumed my roomate did as well. Come the beginning of the 2nd semester, I found our landlord, who also happened to be a lawyer, hounding us about rent. I found out that he (the roomate) still had not paid for last semester, thus the eviction process was started. Stated on the lease was that if one party did not pay the other would be held liable. There was no way I was about to pay his rent for 2 semesters plus my second semester rent if I was not living there. The roomate skipped town and I was sued for the full amount. Of course I lost and since I did not know anything about legal procedures, my bank account was frozen and money taken out. I had been building up credit since I was 16, of course there was no way to continue making payments on these, even after explaining the situation to the credit card companies. I had one more year of school but I could not deal with the BS for long so I crunched all my remaining credits into one semester and my parents maxed out their credit card to pay for my tuition. I lived on ramen and rice for the entire thing to get by. The landlord told me since the roomate had moved he was going to make my life a living hell.

If I was to stay in NY my wages would have been garnished and the landlord was trying to seize my property - the only thing of value I owned was my car which I had to put in hiding. After the semester I moved out to Idaho where my parents were to save up some money. I have been putting off trying to repair this situation since I don't ever seem to have an extra dollar and it is now apparent I have procrastinated too long. The landlord started harrasing my parents so they paid him my second semester rent, though I don't think they should have. He still sends updated bills and letters about the money my roomate owes, though I haven't received one in about a year.

My plan is to find out how to settle these old credit card debts (Discover, MC, Visa) for the amount that I owed BEFORE my bank account was frozen. I am trying to find out if it is possible to sue my ex-roomate for any interest and now these charges which incured after he screwed me over, plus what my parents paid, because as I see it, it is a direct consequence of what he did. If I can do this, I also plan on tacking on a sum for the complete headache this is still causing me after so many years. Now I am starting the process of trying to track down my old roomate which so far seems like he had disaapeared of the face of the planet.

Of this is not possible, is there any way to delay these prcedings? I do not have the time or energy being 5 and a half moths pregnant and any extra dollar I have is going to medical bills. I am afraid that the other credit card companies will start doing this - my credit has already been ruined due to this and the judgment in NY. Should I declare bankrupcy? If they ask me to settle I have no idea where I am going to get the money. I pay a mortage and a car payment, which my fiancee and I own, but I am not on any paperwork. On paper I don't own anything and my depts (aside from student loans) amount to approxiamtely 15,000.

Help! Any advice is very much appreciated:)What is the name of your state?What is the name of your state?
 


Ladynred

Senior Member
I am trying to find out if it is possible to sue my ex-roomate for any interest and now these charges which incured after he screwed me over, plus what my parents paid,
Sure, its POSSIBLE, but the guy is, as you say, a con artist and a deadbeat so what hope do you really have of ever collecting on that judgment ??

The landlord is sending bills for a debt that's already been reduced to judgment ?? That is wrong. He's also wrong in harrassing anyone but YOU for payment, their names are not on that judgment. Is the money your folks gave him being applied to the judgment ?? I'll bet not, and that is a problem.

You could declare bankrutpcy. Your fiancee's income would have to be considered on your papers under the new law. It would certainly wipe out the judgment, get rid of the landlord -permanently - and it will stop Discover's lawsuit dead. Discover is VERY aggressive and they aren't very cooperative when it comes to settlements.

Were you in ID or NY when you opened the account ?
 

MLinID

Junior Member
Ladynred said:
You could declare bankrutpcy. Your fiancee's income would have to be considered on your papers under the new law. It would certainly wipe out the judgment, get rid of the landlord -permanently - and it will stop Discover's lawsuit dead. Discover is VERY aggressive and they aren't very cooperative when it comes to settlements.

Were you in ID or NY when you opened the account ?
I was in NY when I opened the account. Is the collection agency (Dynamic Strategies) as hard to deal with as Discover themselves?

Also, how would my fiancee's income be considered and what repercussions could he face?


Edited to add: "Of this is not possible, is there any way to delay these prcedings? I do not have the time or energy being 5 and a half moths pregnant and any extra dollar We have is going to medical bills." This is probably the most important question on all.
 
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Ladynred

Senior Member
I was in NY when I opened the account. Is the collection agency (Dynamic Strategies) as hard to deal with as Discover themselves?
I'm afraid I don't know anything about the collection agency, but if Discover is still jerking the strings, the answer will be "yes".
Also, how would my fiancee's income be considered and what repercussions could he face?
Assuming you mean pertaining to bankruptcy, his income would have to be listed on your BK schedules for the means test. Household income is considered. Other than that, it would have few repercussions on him except his credit would have to suffice for anything you'd want to buy jointly down the line.

His income is not at issue where a judgment is concerned.
"Of this is not possible, is there any way to delay these prcedings?
You can ask for a continuance to postpone any court date, but it's not likely to stall things for long.
 

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