Can I remove my name from a civil suit filed by a former landlord if I never signed the lease?

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Can I remove my name from a civil suit filed by a former landlord if I never signed the lease?

My mother and I were given court papers because rent was not paid for 4-5mths. I was unaware of this until I saw the eviction notice in the mail. I never signed the lease. She finally told me she signed my name for me. I was supposed to be put down as a student. Is there any way I can remove my name from this civil suit. I do not want my credit score or my credit report to effected.

Asked on March 13, 2012 under Real Estate Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You won't be able to remove your name from the lawsuit.  The landlord would have to file a request for dismissal naming you in order for you to be dismissed from the lawsuit. The landlord won't do that because in order for the eviction to be effective, it has to name all tenants living in that particular rental unit.  If the landlord does not name all of the residents living in the rental unit, then the eviction won't be effective as to parties who were not named.


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