Legal Question in Credit and Debt Law in Florida
Seizing Roommates Possesions
I Moved in as a roommate in an Apt a couple weeks ago. But the owner of the apt is being sued and shes not going to pay. So she recieved a letter saying if she didnt pay all her possesions will be seized. Since the Apt is under her name, am i screwed even if i paid my part and had nothing to do with that?
1 Answer from Attorneys
Re: Seizing Roommates Possesions
Eeewwww...the perils of roommates. My condolences.
Here's the deal. It depends on where this debt is coming from and what your relationship is with the creditor and the debtor. On one extreme, if the creditor is the landlord and you are joint on the lease with the debtor, then you are on the hook. On the other extreme, if the creditor is someone that the debtor/roommate just owes money to and you were not part of that transaction, then your property may be seized by mistake (reality) but should be immediately returned once you show it is your property not the debtor's (legality). If the creditor fails to do so, then it opens the door to a whole myriad of possible lawsuits against the creditor. Wrongful garnishment/levy, conversion, trespass to chattels, FCCPA violations, etc.
Your best bet though is to "run Forrest run" before this happens. Pick a better roommate next time.