Legal Question in Credit and Debt Law in California

My sister and I were recently evicted from oa shared residence which has resulted in a judgement filed against us. I was informed by my employer that my wages are being garnished in order to satisfy the judgement, since the judgement is in both our names am I not only liable for 50% of the amount to be paid?


Asked on 12/04/10, 7:28 am

2 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

A creditor can collect 100% of a debt from a liable co-debtor/co-signer. For example, if you co-sign a loan for a friend, you become liable for the entire loan; if your friend defaults, the creditor can go directly after you.

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Answered on 12/09/10, 9:25 am

You need to look at the judgment and see what it says about what portion of the judgment is against you. In the case of an eviction, however, I can all but guarantee that it is jointly against both of you. In that case, Mr. Abrams is correct. The judgment creditor can collect as much of the judgment as he can or wants to from either of the judgment debtors. It is then up to the debtors to deal with each other to even it out. If one debtor was only vicariously liable, they can sue the other for indemnity for what they have to pay. If they were both equally liable, but one pays more than their share, and the other will not voluntarily reimburse them, they can file a suit for contribution.

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Answered on 12/09/10, 1:22 pm


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