Joint tenants- one left, his father's guarantor, so can he sue me?

[rollingrock]

A friend and I signed a contract with an apartment complex in 2002, for a year long lease. His father signed as the guarantor, because our credit score wasn't high enough. He left 3 months into the lease, leaving me stranded with all the bills. I stayed for another 7 months on my own, paying for the rent and all the utilities. His father (the guarantor) is now trying to sue me, for half of the cost he payed for signing the contract as the guarantor. I stayed for 7 months, and had to barrow quite a bit of money from my mother, which I had to pay back. My mother never asked his son for the money, and in hind sight I wish she would have. If he signed as the guarantee, and payed the lawsuit from the apartment complex we stayed at, can he take me to small claims court and actually win? I never even saw a copy of the settlement until after he payed the settlment. So if I would have objected to anything, I wouldn't have had the chance to respond. Now I am have to win in small claims court, so I don't have to pay the money. What should I do, and is there any chance he can win. I have consulted with an atorney, and done alot of research on my own and it seems hopeless for him. I do realize that basically anybody can take anyone to small claims court. I just need to prepare myself with the information I need to give the judge to dismiss the case. Thanks for the lending ear...and please help me.

Respectfully,
Joshua Land
university student

[MrWoof]

His father (the guarantor) is now trying to sue me, for half of the cost he payed for signing the contract as the guarantor.
I don't understand this bit, if his father signed as guarantor then the only claim he could have against you would be for any rent he paid on your behalf. You need legal advice but it looks as though you have a claim against your friend for half of your expenses.

[Paul_f]

I think you're worrying too much because a guarantor guarantees the whole rent even if the person who he thinks he is protecting is only (technically) responsible for a portion of the rent, in your friend's case his half. In reality it's joint and several liability.

I think you have an extremely good case for putting in a counter-claim for the money you had to fork-out after your friend departed, but I doubt if a court would uphold the claim of your friend's father purely on the basis on what you've said.

Your post has some confusing elements too, and you might be better consulting your local CAB.

[rollingrock]

The father with the claim paid a total of $3000, paying on my behalf without first consulting me. I don't know if he is making his son pay the other half, or if he just wants some sort of money because he had to pay. But legally speaking, he signed as the guarantor, so he is responsible for everything. There was all sorts of expenses: cleaning, carpet, one months rent, trash, etc., coming to the total of $3000. He placed on the reason for taking me to civil court, "Josh broke the lease I signed as guarantor." That's it, but he signed as guarantor, so legally speaking I don't even know why a judge would look at this. I never agreed to pay the half of the $3000 he is asking, and never even got a chance to see the settlement offer before he took it apon himself to, "pay my half" (as he says) I realize that I would ge able to counter sue, but since it is his son I would have to take to court, I don't want to deal with that. I just want this to go away, and the father to take responsibility for signing as our guarantor, and to realize that his son technically broke the lease 7 months before I even left. Thank you all for responding to my initial post, and I hope that maybe I was a little more clear on the details.

Respectfully,
Josh Land
university student

[lucid]

rollingrock what country u in? USA?

you mention "I have consulted with an atorney"
and talk of dollars....
I thought this forum only dealt with the UK