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bean82 · May 25, 2010, 03:13 PM

My landlord took my now ex-roommate and I to court for HER back rent. We both signed the lease, I personally paid the land lord my portion of the rent every month, unbeknownst to me, my roommate was not paying her portion. I found out when we get a 3 day pay or quit notice from the landlord. She moved out without notice. Didn’t even bother to return the landlords calls. I gave the landlord 30 day notice and was in communication with him the whole time (he even wanted me to stay). In court, we were sent to mediation, ex-roommate agreed that was her portion of the rent, agreed to pay in 3 payments. Mediator had both of us sign paper, with both our names on it (that was my bad come to find out). Roommate didn’t make 1 payment. Went back to court, told judge that was not my portion of the rent therefore I should not pay, he didn’t seem to care, case closed , I lose. Now MY wages, are being garnished for the entire $2000 + amount, her wages are not being garnished at all. How can that be legally done when we’re BOTH being sued? What are the chances of me winning if I sue her for the money, since I’m now having to pay it? (land lord has offered to help me, document wise, to go after her) problem is, I don’t know where she lives, or where she works, so I can’t serve her.

klyde80 · May 25, 2010, 03:24 PM

You both signed the lease so both must pay for the rent. It doesn't matter WHO pays as long as it's paid. Trust me I been there and it sucks. The landlord wants the money and the judge will see fit that happens. What will probably have to happen now is once the landlord is all paid up, you will then sue her in small claims for it. You are entitled to the money and you can easily locate the location with whitepages on the net or even an investigator. Don't let that person walk away without paying a cent! I'm not sure if you could collect interest etc if you pay that. Possibly only the initial value of rent.

bean82 · May 25, 2010, 03:31 PM

Thank you. Problem now is, I can barely make ends meet, and pay my current rent with the 25% wage garnishment. It's unbelievable how there are people like this out there.

klyde80 · May 26, 2010, 05:24 AM

That's why you have to be very careful with sharing a house or an apartment. Deadbeats happen all the time. Pretty much think of it like when you signed the lease, you cosigned for that person and you become liable for the debt.

It will be rough. What you really should have done was paid the rent when it was originally due. Then you could have avoided this mess and went straight to going after the ex-roommate.

bean82 · May 26, 2010, 05:34 AM

There was no way I would've been able to afford her part of the rent as well, especially when she was 2 months behind, she paid 2/3 of the rent as she occupied the master bedroom, as well as the 2nd bedroom for her son. This was a so-called best friend. You live and learn. Is there any way to lower the amount of the wage garnishment?

klyde80 · May 28, 2010, 07:48 AM

Be glad it was only two months because when it happened to me, I was stuck paying on six months haha. It's a very hard lesson indeed. I'm not 100% on it, but I don't think there is any way to lower the wage garnishment. The amount taken is set by the percentage allowed by state, which could be even 25%. You would have to prove that with this amount taken out, it SEVERELY impacts your ability to live. You know the legal system is not all too forgiving. My friend got his car taken for a judgment.. but he needed the car to work to pay the judgment. Go figure. You might try asking in the small claims area for better help.