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theliltank12 · Nov 6, 2007, 09:38 PM

Ok to sum it up, my cousin here in Florida bailed on me and two other people 2 days before the lease started. Her parents have paid Aug, Sept, and Oct. They (she) has refused to pay any more money to the rent here. She is living in another city in Florida (another lease). We are taking her to small claims because her name is on the lease; we know we will win because it is a legal binding contract, the question is we know that she can just "not pay" and have a judgement against her. What will we do then because we can not afford to pay on her behalf each month. Do we go back to court, what happens even if she chooses not to pay? We also want to know if she can be in two leases at the same time and not pay on one and pay the other one?

excon · Nov 7, 2007, 05:46 AM

Hello the:

She can be on as many leases as she wants. If she doesn't pay, then she's subject to a lawsuit, just like yours.

If you win your lawsuit, you can take the judgment directly to her bank and her employer. The bank will take the money out of her account and give it to you, and the employer will take the money out of her paycheck and give it to you.

Of course, if she ain't got no job or bank account, then you're in trouble.

excon

ScottGem · Nov 7, 2007, 07:14 AM

The Catch22 of suing someone is collecting from them. Winning the suit is generally the easy part, its collecting that's hard.

Once you will a judgement, the court MAY require her to fill out an asset statement that will include where she works and banks. You can then go back the court and get a garnishment order to serve on her bank and job.

By the way, have you been trying to replace her as a roommate. Based on what you said you had 3 months to do so. However, Florida doesn't require landlords to make a reasonable effort in cases like this, so its not grounds for her to combat the suit.

theliltank12 · Nov 8, 2007, 02:49 PM

Gave me some insight to what might happen after we win lawsuit

theliltank12 · Nov 8, 2007, 02:50 PM

Thanks for all the help. We have actually been searching for a roommate (because this is the easiest way out) but we haven't had any luck because of the location of the house to the college here.. I know she is jobless but gets student loans and lives off those. Will they take from that?

excon · Nov 8, 2007, 03:19 PM

Originally Posted by theliltank12

will they take from that?

Hello again, the:

If she puts the money in the bank, they will.

excon