Broke lease with 2 months left, went to court to settle debt this July with my ex, I tried to make payments but auto-pay didn't take for some reason, now I'm being garnished for the full debt, but my ex isn't. What can I do? I shouldn't be responsible for the full payment?
First, you should speak with an attorney in your area. I practice in NY, so I'll explain it with that lens. Here, all defendants are jointly and severally liable on a judgment. A creditor can collect the full amount from one, or try to collect any percentage from any permutation of defendants. So if your case were here, if the judgment were enforceable against you and your ex, the creditor can collect all of it from you, or all from your ex, or 50 from you and 50 from your ex - however they can and want to, but they cannot collect more than the judgment award.
For a creditor to garnish your wages, the court must have found you to be responsible for the debt. The creditor can generally try to collect as much from you as the judgment states you are liable. If two or more persons are liable for the entire debt, a creditor can proceed against all, some or one of the debtors without having to collect the debt equally from each. To be certain you owe the money, how much and to protect your rights, you should consult with a local attorney familiar with the collections laws in your state.
I provided this response for informational purposes only, and nothing stated should be construed as legal advice specific to your situation since I have not been provided with all the facts and details. If you would like to consult directly with me, you would have to contact me privately for a consultation. Even then, I am not your attorney unless you and I sign an agreement to that effect. I am not licensed to practice law in any state other than California and this response is not intended to be considered as a solicitation of legal services. Please consider how much you have paid for this response before relying on it to determine your legal rights and obligations.
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