my wages are being garnished for my brother who defaulted on a lease that I cosigned.

by billy.b
(akron ohio)

I cosigned a lease for my brother's apartment. he defaulted on the lease. and now I am being garnished through my wages.can I get that back from him in civil court?

Comments for my wages are being garnished for my brother who defaulted on a lease that I cosigned.

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Apr 10, 2014
Depends on the state you live
by: Anonymous

Most states allow for suits for money owed and he owes one half of whatever you paid. Check the state statutes to determine your legal right. If you determine you have legal standing to sue for money owed, I would bring suit in Small Claims court where most plaintiffs and defendant represent themselves. (save on attorney fees and all you need is a copy of the lease and the levy order against your banking account this is prima facie evidence that a debt is owed.)

Please consider before beginning your suit, how will this affect your relationship with this person, is the money worth a family torn apart? If you can live with the fall out and the laws of your state allow you to file suit for money owed (most do allow this from of relief) Go for it.

Nov 29, 2013
bad brother in law
by: Anonymous

So there is no way to sue him for the 8000 $ at all?.

No. By co-signing the lease, you agreed to be as legally liable for living up to the terms of the lease as he was. You took the risk that he would live up to all of the terms and your risk did not work out for you. That's too bad. But, as a co-signer on the lease, you have no right to sue your brother.

Nov 26, 2013
my wages are being garnished for my brother who defaulted on a lease that I cosigned.

What has happened to you is a perfect example of why it's never a good idea to co-sign someone else's debt or lease. If you do, and the person you co-sign for does not live up to his or her legal obligation, you are "on the hook" for the money. Therefore, given that you signed paperwork agreeing to pay on the lease if your brother defaulted on, you don't have a legal basis for suing your brother. I understand why you may be angry with him, but you should have understood the financial and legal risk you were taking on when you cosigned on the lease.

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