Saturday, March 12, 2005

Am I Responsible for My Roommate's Debt?

Creditors cannot hold you responsible for a roommate's debt---unless you share legal responsibility for the debt. There are certain situations in which one roommate is held responsible for debts another roommate agreed to pay. For example, it is common for roommates to share some household expenses, and if one roommate skips out on the bill the creditor may try collecting from the other roommate. Roommates may have other shared credit obligations as well, depending on the nature of their relationship.

Rent

    A landlord can hold all roommates on the lease equally responsible for rent debt. Two roommates may agree to equally share in the cost of the rent, but landlords consider that a personal arrangement between the roommates. If the rent is not paid, the landlord can win an eviction order and then sue one or all of the roommates for the full amount due in unpaid rent. This can happen even though one roommate is paying his share of the rent as agreed.

Utilities

    All roommates listed on utility bill accounts are also fully responsible for the debt. For example, two roommates could have cable television, telephone, water and electric service bills. In the event of default, the utility companies could attempt collecting from one or both roommates, regardless of any personal agreements between the roommates.

Credit Cards

    A roommate who applies for credit with a roommate and becomes a joint owner of the account is fully responsible for the debt even if the roommate makes all the charges. Even becoming an authorized user on a roommate's account is risky. BCS Alliance reports that authorized users are not legally responsible for paying credit accounts. However, information about the primary account holder---including bankruptcy---can appear on the authorized user's credit report.

Co-signers

    Co-signing for a roommate makes the co-signer fully responsible for the loan. In the event of a default on the loan, a creditor could file a civil lawsuit against a roommate who co-signed.

Considerations

    Landlords, utility companies, credit card companies and other creditors cannot hold a roommate liable for another roommate's debts without proof that both roommates were responsible for the debts. Generally, that means signing a contract or application for credit. The Fair Debt Collections Practices Act prohibits debt collectors from attempting to coerce someone into paying a roommate's debts if the roommate is not responsible for the account. A roommate pressured by a debt collector to pay someone else's debt can dispute the debt by sending a letter to the debt collector seeking validation or proof of the debt. The roommate should not acknowledge responsibility for the debt or make even a partial payment to the debt collector, according to Privacy Rights Clearinghouse, a nonprofit agency.

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