Roommate bounced 4 rent checks

I answered the door yesterday morning to a sheriff who handed me a summons. On it, myself and my two other roommates are listed as the defendants. (the three of us are all on the lease). The plaintiff is seeking over $4,000 for past due rent for sep and oct 2001 and jan and feb of 2002 plus late and legal fees and other charges. Each month when rent is due, each of us puts our check in an envelope. I have never bounced a rent check (and I immediately looked at my bank statements to confirm that my checks were cashed, and they were). I confronted one of my roommates and it turns out that she was the one who wrote bad checks and she claims she "thought she took care of it." I was shocked more than anything because I never heard from the landlord untill this summons appeared. My roommate who wrote the bad checks got letters from them. So why is my name on the summons then? Why are they suing me if they know it's all her wrongdoing? She is in the process of trying to contace the landlord to pay him. So what happens to me? What is my next step? The summons asks me to file a written appearance...should I make copies of my bank statements? How can I get myself out of this and my name cleared since I am innocent? Will this go on my credit record? Do I need to go to court? help!!!

[I AM ALWAYS LIABLE]

Originally posted by chicagogirl
I answered the door yesterday morning to a sheriff who handed me a summons. On it, myself and my two other roommates are listed as the defendants. (the three of us are all on the lease). The plaintiff is seeking over $4,000 for past due rent for sep and oct 2001 and jan and feb of 2002 plus late and legal fees and other charges. Each month when rent is due, each of us puts our check in an envelope. I have never bounced a rent check (and I immediately looked at my bank statements to confirm that my checks were cashed, and they were). I confronted one of my roommates and it turns out that she was the one who wrote bad checks and she claims she "thought she took care of it." I was shocked more than anything because I never heard from the landlord untill this summons appeared. My roommate who wrote the bad checks got letters from them. So why is my name on the summons then? Why are they suing me if they know it's all her wrongdoing? She is in the process of trying to contace the landlord to pay him. So what happens to me? What is my next step? The summons asks me to file a written appearance...should I make copies of my bank statements? How can I get myself out of this and my name cleared since I am innocent? Will this go on my credit record? Do I need to go to court? help!!!

My response:

In contract law, it's called "Joint and Several Liability."

All of you are on the lease. Therefore, when one of you screws up, that person takes all the other signatories to the contract down with the entire ship.

Each one of you are responsible for the entire lease, and it is the Landlord's option, therefor, to sue "each or all" of you. Your option, at this point is to defend the lawsuit and, at the same time when you file your Answer, file and serve your errant roommate with a Cross-Complaint for her share of the money owed, and for indemnity for the rest of the damages that the landlord is claiming.

Or, you could call the Plaintiff's attorney to make immediate arrangements to cure this matter with money out of your own pocket (so you're not evicted), and then start your own lawsuit against, and eviction against, the errant roommate to recoup your money and expenses, and to find a new roommate (and one who has money).

You really should seek the advice of a local Landlord/Tenant attorney. This is going to need your quick and accurate attention.

IAAL

illinois
OK--so my roommate took care of it and paid the landlord the full amount of the lawsuit before the court date. I talked to the landlord and he said he took care of it. He dropped off a copy of a "Trial Call Order" and it states:
"case dismissed by agreement of parties/no cost with prejudice"

what exactly does "with prejudice" mean?
Will this lawsuit show up on my credit report?

[I AM ALWAYS LIABLE]

Originally posted by chicagogirl
"case dismissed by agreement of parties/no cost with prejudice"

what exactly does "with prejudice" mean?
Will this lawsuit show up on my credit report?

My response:

Well, to put your mind at ease, the phrase has absolutely nothing to do with the Civil Rights Act of 1964, and no one is saying that they don't like you because of the color of your skin, or religion, or sexuality, or anything else. Okay?

It is a "legal" phrase, simply meaning that this PARTICULAR lawsuit is over, and the landlord CANNOT sue you again for this, PARTICULAR, breach that caused the whole mess. However, if nonpayment of the rent occurs at any time in the future, the landlord CAN sue all of you again for a NEW breach of the lease contract.

And, congratulations on getting this settled - - even if it was at the "Eleventh Hour."

IAAL