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  1. #1
    Join Date
    May 2009
    Posts
    11

    Default Apartment Association Coming After Me for Money I Don't Owe

    My question involves collection proceedings in the State of: Nevada

    Almost three years ago I moved into an apartment with my wife at the time, along with our friend Kristina. All three of us were on the lease. 6 months into the one year lease, we got divorced and I moved out. When I moved out I signed a contract with the apartment contracted taking myself off of the lease and they agreed to continue the remainder of the lease without me. All was fine until I received a phone call 2 weeks ago. Apparently Kristina just moved out of the apartment (Again, over 2 years after I moved out, and a year after my ex wife moved out) and trashed the place, so the apartment was going after everyone on the lease for $700. They couldn't get anything out of them and called me claiming that I'm on the lease in addition to them.
    I explained to them that I signed a contract taking myself off the lease, but they told me they have no record of that. Called the apartment association and they said they don't have any contract removing myself from the lease either, and unless Kristina admits that I'm not involved that they will take me to court and attempt to garnish my wages. Kristina and I are not on speaking terms and I suspect she would attempt to stick them after me if given the chance.
    Since it was a year long lease that I signed 2 1/2+ years ago, can they still go after me? What is my best course of action? Are they just attempting to bullshit me into paying for someone else's debt? Even when talking to the apartment association it seemed very suspicious. I'm starting to believe they do have the new lease and are pretending to lose it because they realize they won't get anything out of them. I've been recording most of the phone calls between the creditors and myself, however I don't have a copy of the contract I signed (Mistake, I know). Am I released from any liability due to the fact that she has renewed the lease without me? Can I call them on their bluff? When they call, the collections agency is very rude and threatening. Assuming that the age of the lease is evidence that I'm not responsible, can I go after them for harassment? I would be content with just knowing that I'm not responsible (If that is the case), but it literally seems like some sort of conspiracy. Can anyone please advise me?

    Thank you so much,
    Shane

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Apartment Association Coming After Me for Money I Don't Owe

    Are we to infer that you threw away your copy of the document releasing you from your obligations under the lease? If so, you are free to argue to the creditor and, if necessary, in court that you were released, but you may have difficulty proving your case to the satisfaction of a court if everybody else denies that such an agreement exists.

    The statute of limitations for written contracts is normally six years.

  3. #3
    Join Date
    May 2009
    Posts
    11

    Default Re: Apartment Association Coming After Me for Money I Don't Owe

    Mr. Knowitall,

    I did not throw anything away, I just have no idea where my copy of the contract is since it's been so long. I didn't think that 2 1/2 years later that it would still be important to have. There were several witnesses that will confirm my name was taken off the lease. My ex-wife and I are still on good terms and she can confirm this, and my dad was actually there too, though I don't know how reliable his testimony would be. Kristina (The girl who moved out last) is the only one who I think would try to pin this on me if she had the opportunity to get out of it.

    The issue I'm confused about is that since it was a one year lease, isn't it usually required to be resigned after that period? So assuming my name wasn't forged on a continuation of the lease, shouldn't that mean that when she extended the lease, she would be on it without me? I'm just trying to figure out the legal aspect of what my options are. I'm not trying to be sneaky or pretend that I signed a contract releasing myself from it, this is legitimate. My only regret is that I don't know where my copy of the contract is, though I plan on looking through my documents as soon as I finish this post to see if I can find it somewhere.

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