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?
2 Answers from Attorneys
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.
Belabored cocktail-party-conversation-as-legal-advice-clich� disclaimer: this answer as well as any information found on our Web site is not legal advice. This is strictly my opinion provided for general informational purposes and pertains to California law only; its reading does not create an attorney-client relationship. This answer does not serve to endorse other answers. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. We recommend you seek legal and other professional counsel before acting or refraining from action in relation to bankruptcy or other legal/fiscal matters. It's worth the cost.
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.