Question: I received a garnishment notice today for non-payment of rent from a couple years ago.
A judgment was brought against me & the other person living there at the time (who also signed the lease)for a months rent.
On the Affidavit for enforcement request (form 20P) it names myself and the other person living there.
My question is, if a judgment is brought against 2 people, how are they able to garnish my wages for the full rent?
should they not be going after the 2nd person on the lease and who also has a judgment against him for the other half?
Answer: If two people are jointly responsible for a debt, they are both responsible for the entire debt. In other words, they are each 100% responsible, not 50% responsible each.
The creditor may only garnishee the full amount, so if they do manage to garnishee both of you, they are only entitled to all of their money, not all of the debt times two.
You should probably start by talking to the creditor to see if payment arrangments can be worked out, since if the debt is for two or three month’s rent, it is probably better to settle than to go bankrupt for a relatively small amount.
Tags: judgment