Wages Garnished for Roommates half of debt.

[mlp0228]

What is the name of your state (only U.S. law)? Maryland

In 2011, My roommate an I breached our lease. We understood that we would have to pay the balance for the remaining months. I paid my half off a few months after leaving. My ex-roommate never paid her half. They ultimately garnished my wages. They also dismissed her case but mine is still there, just as satisfied. I plan on taking her to court for the money garnished from my check and also half of the gas& electric bill we made. Is it possible to have the judgement removed from me and put onto her? I understand we both signed the agreement but, I have messages where she states she's only paying half. This is her liabililty yet I am being punished.

Thank You!

 

[Ohiogal]

What is the name of your state (only U.S. law)? Maryland

In 2011, My roommate an I breached our lease. We understood that we would have to pay the balance for the remaining months. I paid my half off a few months after leaving. My ex-roommate never paid her half. They ultimately garnished my wages. They also dismissed her case but mine is still there, just as satisfied. I plan on taking her to court for the money garnished from my check and also half of the gas& electric bill we made. Is it possible to have the judgement removed from me and put onto her? I understand we both signed the agreement but, I have messages where she states she's only paying half. This is her liabililty yet I am being punished.

Thank You!

Wrong. You were each responsible for the WHOLE rent. How you decided between the two of you to pay it is not the landlord's problem. The landlord could have gone after either of you for the whole thing or both of you together. You are being held responsible (not punished) according to the contract you signed.

 

[mlp0228]

Thank You!

I thought so. Its extremely frustrating because she acts as if she doesn't care. I guess the best thing for me to do is take her to small claims court.

 

[latigo]

What is the name of your state (only U.S. law)? Maryland

In 2011, My roommate an I breached our lease. We understood that we would have to pay the balance for the remaining months. I paid my half off a few months after leaving. My ex-roommate never paid her half. They ultimately garnished my wages. They also dismissed her case but mine is still there, just as satisfied. I plan on taking her to court for the money garnished from my check and also half of the gas& electric bill we made. Is it possible to have the judgement removed from me and put onto her? I understand we both signed the agreement but, I have messages where she states she's only paying half. This is her liabililty yet I am being punished.

Thank You!

Yes, it "is her liability", but it is yours as well. Hence, you are not being "punished". Why?

Because unless the lease expressing stated that you were each only obligated for an equal portion of the rent (highly unlikely) then you were each liable to the landlord for the whole amount. In legal jargon it is called joint and separate liability. The result being that the landlord has the option of pursuing collection against one or both of you. And if the landlord elects to pursue collection against one of you, it is no defense that he did not pursue the other.

However, assuming that you and the roommate agreed to split the rent 50/50, and you are forced to pay more than your agreed half, then you have a right of contribution against the roommate for reimbursement of her portion of what you have paid.

In other words, you have a cause of action (legal claim) against the roommate for her proportionate share of what you have been compelled to pay. But only to the extent of the amount actually paid. That is, you cannot sue her to contribute to something you might be compelled to pay in the future, like subsequent garnishments.

So to avoid filing multiple lawsuits against the former roommate for contribution, it would be well to wait until you have fully satisfied the judgment.

But unless the roommate capitulates, it will be a very complicated process evidence wise of proving your case for contribution. Not to mention the remote likelihood of ever receiving any fruit for the effort.

(And the same goes for any portion of her share of the utilities.)

 

[Zigner]

In other words, you have a cause of action (legal claim) against the roommate for her proportionate share of what you have been compelled to pay. But only to the extent of the amount actually paid. That is, you cannot sue her to contribute to something you might be compelled to pay in the future, like subsequent garnishments.

I disagree Lat - but I think you're not looking at it right. This OP has been compelled to pay by a court judgment - garnishments are only a method of payment.

 

[mlp0228]

Yes, it "is her liability", but it is yours as well. Hence, you are not being "punished". Why?

Because unless the lease expressing stated that you were each only obligated for an equal portion of the rent (highly unlikely) then you were each liable to the landlord for the whole amount. In legal jargon it is called joint and separate liability. The result being that the landlord has the option of pursuing collection against one or both of you. And if the landlord elects to pursue collection against one of you, it is no defense that he did not pursue the other.

However, assuming that you and the roommate agreed to split the rent 50/50, and you are forced to pay more than your agreed half, then you have a right of contribution against the roommate for reimbursement of her portion of what you have paid.

In other words, you have a cause of action (legal claim) against the roommate for her proportionate share of what you have been compelled to pay. But only to the extent of the amount actually paid. That is, you cannot sue her to contribute to something you might be compelled to pay in the future, like subsequent garnishments.

So to avoid filing multiple lawsuits against the former roommate for contribution, it would be well to wait until you have fully satisfied the judgment.

But unless the roommate capitulates, it will be a very complicated process evidence wise of proving your case for contribution. Not to mention the remote likelihood of ever receiving any fruit for the effort.

(And the same goes for any portion of her share of the utilities.)

Thank you. The payments were actually complete February of this year. I don't know if it will count as legitimate evidence but I have facebook messages where I contacted her several times before the garnishment occurred. She says she's only paying half. I've just been contemplating on whether or not its worth my time to sue her. She can't hold a steady job and I know its gonna be hell trying to get my money.