In 2006 A friend and I lived in a apartment together I was on the lease and she wasn't do to her poor credit and not working but receiving public assistance. We got evicted. I have a $4,600 judgment against me and now my net wages form work are being garnished 25% which is $300 - $350 bi-weekly, being $700 mo. She is not being held responsiable at all as she was not on the lease.She however did make payment arrangements directly w/ the apartment complex for her portion of the rent along w/ providing them money orders. I want to take her on Judge Joe brown for a small claims to get half of the judgment plus fee's and interest. Do you think I have a case or since she was not on the lease I will loose.

You can try and get in front of Joe Brown or one of the other TV judges.

If you can prove that she lived there, then you have a good case for recovering her share of the unpaid rent in a real court.

The only kicker is whether the statute of limitations has passed.

I was also worried about that. But I was not sur if it would be w/in the time frame as the garnishment just started 2 months ago. I am going to check into the statute of limitations... Thanks for the response Scott Gem... gives me some hope. :)

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Originally Posted by nens517

... Do you think I have a case or since she was not on the lease I will loose.

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No. Yes.

You signed the lease. She did not. This means that she never agreed to a long-term rental with the landlord, or with you.

If the judgment against you includes past-due rent, you might be able to recover 1/2 of the past-due. But I suspect that it also includes some of the balance of the lease term. She is not liable for that.

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Originally Posted by ScottGem

... the only kicker is whether the statute of limitations has passed.

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It would begin running from when her last rental co-payment was due from her; not from when your wages were first garnished.

Mmmm kay... :(