[dicapri]

We rent a house in the OBX every year (we share it among several famlies) My name is on the lease however. Everyone pays the money they owe for their rooms to the realtor. No money is given to me. One family who are friends of another regular who has been coming for years backed out of their room 2 weeks prior to vacation. I was able to rent the room at the last minute for $400.00 the shared rent was $715 per room. I did refund the family the $400 that was paid to me when the other family arrived on vacation. I have never had this problem before and in fact people who have cancelled at the last minute never gave me this problem. Now they are threatening to garnish my wages. I live in NJ the family demanding the $315 balance lives in Virginia. Can they garnish my wages?

[JudyKayTee]

Before they do anything they need to serve you with papers and get a Judgment against you.

This sounds like a threat and no more, no less.

[ScottGem]

I'm confused, who is threatening garnishment? Is it the realtor? If you are the only person on the lease then you are responsible for payment. If someone backed out or didn't pay, then you need to pay the realtor and sue the people for non payment.

If you don't pay the realtor, then they can file suit, obtain a judgment and once they do, garnish your salary.

[dicapri]

I'm confused, who is threatening garnishment? Is it the realtor? If you are the only person on the lease then you are responsible for payment. If someone backed out or didn't pay, then you need to pay the realtor and sue the people for non payment.

If you don't pay the realtor, then they can file suit, obtain a judgment and once they do, garnish your salary.

No, the realtor was paid in full. I rent a house in the outerbanks, A bunch of us rent a house every year and my name is the only name on the lease. I sign the lease and we all divide the rent due for the week by bedrooms. This house was $715 per bedroom used. It's all family and friends that go together but this year, a friend's cousin decided to go in on it. Everyone pays their share due online to the Realtor. I just remind everyone to pay their share when it is due. 2 weeks before the trip this person backed out and everyone is aware that no monies are paid to me and I cannot refund your money however, if someone takes the room and pays for it whatever they pay for the room at the last minute I will refund to you. Another friend took the room for partial rent at $400, and I sent the money to the woman who had backed out. Now she is threatening to garnish my pay (I'm a nurse) for the balance of $315.00 and has sent me 11 texts messages, telling me to pay and "Lady, I know where you work." I have blocked further communications from her. To tell you the truth she sounds a little off balance by her text messages.

[JudyKayTee]

I'm confused, who is threatening garnishment? Is it the realtor? If you are the only person on the lease then you are responsible for payment. If someone backed out or didn't pay, then you need to pay the realtor and sue the people for non payment.

If you don't pay the realtor, then they can file suit, obtain a judgment and once they do, garnish your salary.

Never good to "assume" but I thought OP was asking about person who rented and then backed out and was to get refund for all or part -

[dicapri]

Never good to "assume" but I thought OP was asking about person who rented and then backed out and was to get refund for all or part -

You were right Judy, the realtor was paid in full. It was the person who had paid her share to the realtor and then backed out 2 weeks before vacation. I told her that if anyone took the room, I would send the money to her. Someone did take the room at the last minute and paid $400(the offered $400 for it (I figured something was better than nothing for the person who had backed out). I sent the $400 to her and now she wants the rest. Oh by the way, On Monday she sent me 11 text messages, and one of them read, "lady I know where you work." and then she threatened to garnish my pay. She sounds a little off. I have block her from my phone, as each text message got a little more irrational. I never answered any of them back and did send them to my e-mail and made a copy of all of them in case I needed them in the future.

[JudyKayTee]

You were right Judy, the realtor was paid in full. It was the person who had paid her share to the realtor and then backed out 2 weeks before vacation. I told her that if anyone took the room, I would send the money to her. Somone did take the room at the last minute and paid $400(the offered $400 for it (I figured something was better than nothing for the person who had backed out). I sent the $400 to her and now she wants the rest. Oh by the way, On monday she sent me 11 text messages, and one of them read, "lady I know where you work." and then she threatened to garnish my pay. She sounds a little off. I have block her from my phone, as each text message got a little more irrational. I never answered any of them back and did send them to my e-mail and made a copy of all of them in case I needed them in the future.

Keep a record of all the messages, hang ups, whatever she's doing.

If she sues, then she needs to prove her case and get a Judgment before she can do anything.

I agree - she sounds "off." (Minimally)

[ScottGem]

OK, sorry, now I get it. She can't garnish your salary without getting a judgment. However, she can file suit in Small Claims court. You will need to show that the established arrangement is for each tenant to pay the realtor directly for the bedroom, they will be renting. The problem here is what the cancellation policy is. If you can show that the cancellation policy is no refund unless a substitute can be found and then only what the substitute pays, then she has no case. She will lose.