Consumer complaint received 2018-05-15
Company: Kimball, Tirey & St. John LLP
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XX/XX/XXXX My parents solely signed for the lease with XXXX XXXX beginning XX/XX/XXXX and expiring XX/XX/XXXX. 
XX/XX/XXXX The pay or quit notice was executed stating All RESIDENTS in possession and all other in possession of the premises located above ... are hereby required to make payment payable to XXXX XXXX XXXX ... 
XX/XX/XXXX A 3 day notice to pay or quit addressed solely to my parents was posted at the premises. 
XX/XX/XXXX A summons for unlawful detainer was sent by Kimball, Tirey, and St. John addressed to solely my father and mother as the defendants under case number XXXX. In item 6a, it lists my parents names alone and in 6a ( 2 ) it states that they agreed to pay XXXX monthly in a written agreement with the plaintiffs agent. 
XX/XX/XXXX A 3 day pay or quit notice addressed solely to my parents was sent to the premises. 
XX/XX/XXXX An additional summons for unlawful detainer was sent by Kimball, Tirey, and St. John addressed at this time ( within the same lease agreement time period ) to my mother, father, and now, additionally, myself as the defendants under case number XXXX. In item 6a, it lists my parents names alone and in 6a ( 2 ) it states that they agreed to pay XXXX monthly in a written agreement with the plaintiffs agent, as it did in the previous summons. 
XX/XX/XXXX A request for entry of default was submitted by Kimball, Tirey, and St. John LLP against the plaintiff ( my parents and I ). A request for clerks judgement was also included for the restitution of the premises only and issuance of a writ of execution on the judgement. No Prejudgement Claim of Right to Possession was served. 
XX/XX/XXXX All residents and unnamed occupants in the apartment were evicted and left voluntarily. The eviction was lawfully executed. 
XX/XX/XXXX The collections company, Kimball, Tirey, and St. John reported to XXXX, the debt owed for the unlawful detainer of {$18000.00} against myself. It states it is an open account of individual responsibility. It severely damaged my credit. 
XX/XX/XXXX I was notified of the collection account on my credit report and submitted a dispute of the debt through XXXX. 
XX/XX/XXXX I called Kimball, Tirey, and St. John to further investigate why I, an occupant who never signed the lease, was responsible for the payment of this debt. They stated to me that all residents AND occupants over the age of 18 are responsible for the debt. There is no supporting evidence for this claim in the lease agreement. 

It is clearly stated in the lease agreement between SOLELY my mother, my father, and XXXX XXXX that ... each person SIGNING the lease is jointly and severally liable for all of the various resident obligations under the lease. That means that every individual RESIDENT, or CO-RESIDENT, is responsible for the entire rental amount and other obligations ... 
At the time of signage, I was not required to sign the lease ( even though there is a clause requiring any occupant over the age of 18 to sign the lease and be considered a resident ) and the lease was signed by the Lessor ( XXXX XXXX XXXX XXXX ) as Agent for the Owner despite my lack of signature as a person living on the premises over age 18. 
Due to this clause in the lease agreement, as an occupant, I believe I should not be held liable or responsible for these debts as the collection of this debt is not expressly authorized by the agreement creating the debt, and is specifically in violation of the Fair Debt Collection Practices Act. 
Moreover, the collection company aforementioned has communicated this credit information to XXXX  and XXXX which SHOULD be known to be false, due to privity of contract. 
I have never paid any amount to XXXX XXXX, XXXX. 
I have copies of the lease agreement in question as well as documentation of summons.

Company response to consumer: Closed with explanation