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    nens517's Avatar
    nens517 Posts: 3, Reputation: 1
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    #1

    Feb 17, 2011, 04:07 PM
    A friend and I were evicted from a apt. I was on the lease she wasn't can I sue her
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 17, 2011, 04:13 PM

    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.
    nens517's Avatar
    nens517 Posts: 3, Reputation: 1
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    #3

    Feb 17, 2011, 04:29 PM

    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. :)
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Feb 17, 2011, 04:31 PM
    Quote Originally Posted by nens517 View Post
    ... Do you think I have a case or since she was not on the lease I will loose.
    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.

    Quote Originally Posted by ScottGem View Post
    ... the only kicker is whether the statute of limitations has passed.
    It would begin running from when her last rental co-payment was due from her; not from when your wages were first garnished.
    nens517's Avatar
    nens517 Posts: 3, Reputation: 1
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    #5

    Feb 17, 2011, 04:37 PM

    Mmmm kay... :(
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