OT Rant

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_Jessicah_'s picture
Joined: 04/21/11
Posts: 1973
OT Rant

I must have a ranting moment.....

I think I may have to kill DH's step-dad and if his mom wasn't already in jail she would be killed as well. We owned a trailer (yay for trailer trash! LOL) before we bought our house. Instead of selling it we allowed my MIL and her husband to move in and buy it on a land contract. When they moved in they installed new carpet. We found out today they must have bought the carpet on some sort of payment plan because my husband and I are now being contacted by the carpet place saying we owe them the $650 balance as it hasn't been paid. It's showing up as a negative on my husbands credit report. There is no way in you know where that I am going to be responsible for THEIR carpet. We DID NOT co-sign anything so I have no idea how my husbands name is on this account. He is going tomorrow to meet with the carpet place as he wants to see the paperwork. I swear on it all that if they've fradulently put his name on their account they will be prosecuted. I don't think the carpet place can hold us liable simply because our names are on the property/house. We have a signed and notorized contract from my MIL and her husband stating they are buying the property/house, they are responsible for all up keep/repairs, taxes, insurance, etc. So the only way (IMO) that DHs name is involved is if they had him down as some sort of co-signer or whatever you want to call it. I am so mad I could spit nails!!!! :violent2:

Joined: 04/10/11
Posts: 1703

Oh my goodness, heck no, they can't go messing with his credit like that. You're so in the right to rant about this and then to go do something about it!!

lesleynka's picture
Joined: 04/26/11
Posts: 1845

I think that falls under some sort of identity theft now.

I'm so sorry Jessicah. Good luck to your dh tomorrow. It sounds like this should be able to be fixed.

sugspop's picture
Joined: 02/22/07
Posts: 1418

Wow, it is so awful when family of all people take advantage of you like that! I sure hope you guys get that straightened out. I would be FURIOUS!

Jenn0113's picture
Joined: 03/09/07
Posts: 5335

BTDT - had someone do that same stuff to me and my credit was JACKED. I hope you are able to get it off of your DH's asap!

_Jessicah_'s picture
Joined: 04/21/11
Posts: 1973

"Jenn0113" wrote:

BTDT - had someone do that same stuff to me and my credit was JACKED. I hope you are able to get it off of your DH's asap!

Were you able to get it off your credit and if so how? I swear I will prosecute the both of them. We both work our butts off and I will be darned if they do this to us.

Jenn0113's picture
Joined: 03/09/07
Posts: 5335

"_Jessicah_" wrote:

Were you able to get it off your credit and if so how? I swear I will prosecute the both of them. We both work our butts off and I will be darned if they do this to us.

I was much younger when it happened and didn't do anything about it. I just let the 7 years pass and it eventually went away. I also had the person that did it to me call and try to get it off for me.

fireflies11's picture
Joined: 03/26/11
Posts: 613

NOT OKAY! I don't blame you for being angry!! Can you kick them out & get the place sold?

AshnBill's picture
Joined: 11/06/06
Posts: 5333

Wow, that's awful! KUP!

jeepbaby's picture
Joined: 11/08/07
Posts: 492

Did they buy the trailer, and then do a land contract on the land, or are both the trailer and land in the contract? You may very well be liable because technically, in a land contract, you are still hold the risk. Try to play nice with the carpet folks. Otherwise, get a lawyer in your state. You could very well be held liable for this this, since you still own the property.....

_Jessicah_'s picture
Joined: 04/21/11
Posts: 1973

Yes both the trailer and the land are in the contract. I think it's ridiculous they can even come after us. We don't live there, we didn't go in and say "Hey I want to buy carpet" and sign papers stating we would pay. Just because our name is technically still on the property shouldn't mean anything. I'll rip the crap out of the house and give it back to them if that's the case!!

PAmom2boys's picture
Joined: 04/29/09
Posts: 1494

Yep they may have put a lien on the property and if records with county show you are still property owner then any liens are on you.

HaganBaby's picture
Joined: 10/17/07
Posts: 334

Ugh, I'm so sorry you have to deal with this on top of the drama of MIL in jail etc. I hope that you can fix it so you don't/won't have to pay up for someone elses problem.

_Jessicah_'s picture
Joined: 04/21/11
Posts: 1973

We are being held liable. Apparently this has already been to court, unknown to us as they did not have our current address to contact us, and has been ruled by a judge in favor of the carpet place obviously. We are trying to see what we can do about this. I am flaming mad because that a$$hole has known about this and never said anything about it to us. He was just letting it go in hopes we didn't find out. I can't just write him off either because he still pays us for the trailer he is living in. I have cried all day about this. We work so hard for what little we have and this makes me livid.

lesleynka's picture
Joined: 04/26/11
Posts: 1845

Ugh Jessicah, this is heartbreaking. I am so sorry that words cannot even describe. I feel the same way as you about what little we have we work so hard for & we still seem to always still need more.

This is just SO disgusting. Can you take them to civil court? Small claims or something? It seems that you would definitely have a case if you could find the time.

_Jessicah_'s picture
Joined: 04/21/11
Posts: 1973

I am not up to speed on legal things but do you have to have a lawyer to take someone to civil court? We have discussed that option but a lawyer is going to cost us more than what paying for the carpet would.

Starryblue702's picture
Joined: 04/06/11
Posts: 5454

Wow... it definitely sounds to me like they used his name and possibly his social for this carpet, as the carpet company would have no knowlegde (nor would they care either way) of whose name the home/land is in. I'm so sorry you have to deal with this. Keep us posted on what happens!!

PAmom2boys's picture
Joined: 04/29/09
Posts: 1494

I don't think you have to have a lawyer to sue in civil court or small claims. I wouldn't sue the carpet place though. I go after the step dad in law. Have you talked to him about it yet?

Krystal: if a contractor has the address and documents prooving work was done they don't have to know the owners name or SS#. They just file with the court a mechanics lien. Although if it's on owners credit then I don't know how it gets there but county has records of other personal info so maybe as a result of the previous court ruling in favor of the carpet place it was reported to credit. {{{shrugs}}}

PAmom2boys's picture
Joined: 04/29/09
Posts: 1494

Jessicah

I wonder if you can clear this up with the credit agency? Since you have documents stating that they are real property owners (you guys just sort if financed for them) maybe a despute will get the credit off of you guys and onto the real responsible party.

jeepbaby's picture
Joined: 11/08/07
Posts: 492

If I were you, I would find a way to REVERSE THAT LAND CONTRACT NOW!!!!! Contact a lawyer about severing the contract immediately. Land contracts are never a good idea IMHO.

And to think, you were just trying to help out family.... So sorry!

Jenn0113's picture
Joined: 03/09/07
Posts: 5335

Jessicah - I'm so sorry you have to deal with this nonsense. I really hope he makes it right somehow and pays it.

_Jessicah_'s picture
Joined: 04/21/11
Posts: 1973

Thanks for all your support and advice. We are trying to find a way to dissolve this land contract, boot him out, and we are going to sell it. The neighbor tried to buy it when we first moved but we decided to do the land contract to help DH's mom but you can bet your butts that we will never go that route again. Life lesson learned the hard way. So sad when you can't even trust family. We are just trying to see what our options are. I am glad to hear that you may not need a lawyer for a civil law suit. That may be the route we have to go. We don't blame the carpet place at all. They just want their money and I can't blame them! We are going after DH's step-dad. Although if he hasn't paid for the carpet yet I doubt we will get any money if we sue him. I just want this off our credit because we have always had good credit and this has ruined DH's.

Krystal - no DH's name wasn't used in the purchase of the carpet. I guess the judge simply looked up the property and found the DH owned it and even though we didn't authorize the purchase of the carpet or even sign a paper with the carpet place we are still accountable.

lesleynka's picture
Joined: 04/26/11
Posts: 1845

You DO NOT need a lawyer for a small claims case. I tried to find your state's superior court information, but it seems it is done differently than CA. I think you need to use your county's court system.

You can find out mostly all of the information online. I did my whole divorce using the courts online information. They should tell you how to file the first papers to begin proceedings, how much it will cost (in small claims if you win you can usually ask that the defendant pay you for your fees), & how much you can sue for in that specific court.

Also look at your local library or any legal schools close by. There should be a ton of information to help you. You just need to look for it.

And yes, sue the people, not the carpet company.

_Jessicah_'s picture
Joined: 04/21/11
Posts: 1973

Thank you Lesley!

.hilary.'s picture
Joined: 01/31/10
Posts: 1505

Oh Jessicah I am so sorry this is happening to you!!!! Sad it sounds so incredibly stressful and how awful because you were only trying to help out family. This is so sad! Sad

I hope that civil court works for you. I don't see how they can't be accountable for that money. You may have to pay the carpet company, but you would think they would then owe you!! Also I agree, maybe contact the credit companies and explain the situation and ask to have it removed. That's not fair it has to affect your credit for 7 years now Sad