lease with minor occupant

[dhill64506]

What is the name of your state?What is the name of your state?What is the name of your state? Colorado


My nephew was on my sisters lease as an occupant and she has passed. A collection agency has contacted my nephew with the assumption that he was my sister's spouse. I have since notified them that he was a minor child and they are still trying to pursue him as legally responsible for a claim of unpaid rent. They have claimed that he signed the lease...We do not believe so. They moved out of the apartment in the year of 2000. We recieved a summons as of January this year. My nephew is now 22 years old.

 

[krispenstpeter]

Tell your nephew to write a certified (RRR) letter to the collection agency demanding they verify the debt. Then have him hire an attorney to write a cease and desist letter.

If they don't stop, guess what? Sounds like a lawsuit

 

[HomeGuru]

What is the name of your state?What is the name of your state?What is the name of your state? Colorado


My nephew was on my sisters lease as an occupant and she has passed. A collection agency has contacted my nephew with the assumption that he was my sister's spouse. I have since notified them that he was a minor child and they are still trying to pursue him as legally responsible for a claim of unpaid rent. They have claimed that he signed the lease...We do not believe so. They moved out of the apartment in the year of 2000. We recieved a summons as of January this year. My nephew is now 22 years old.

**A: so did you see the lease and did he sign the lease?

 

[JETX]

Actually, Krispen is incorrect.... but that may be because YOUR post is confusing.

In the first part, you mention that "A collection agency has contacted my nephew". If this is a simple claim, then he could either validate or cease and desist in WRITING with them.

However, later in your post, you say "We recieved a summons as of January this year". A summons (if valid) implies that a lawsuit was filed..... in JANUARY. At this point, it is likely that a default judgment was rendered against him for failure to respond to the SUMMONS!!!

You/he needs to get the facts straight. Was a judgment rendered (contact the court) or is this a simple 'creditor claim'??
The advice will depend on the answer!!