Can I file a lawsuit against my child’s father, if both of our names were on a lease that we broke and now my wages are being garnished and his are not?

Can I file for half of the money that is being taken away from me?

Asked on January 28, 2013 under Real Estate Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The reason that you are on the hook for his share of the rent is that when you signed the lease you both collectively and individually became legally responsible for it. This is known as "joint and several liability", which means that if 1 tenant doesn't pay their share of the rent then the other tenant(s) is liable for it. A landlord is entitled to be paid in full.

That having been said, you can take your child's father to court and sue for any rent money that you are out-of-pocket because he afiled to pay his share. If you win, you will be awarded a judgment. Then, you could have the notation of the judgement placed on his credit report. Why don't you inform him of this and see if that prompts him to come up with some of the rent. Otherwise, you can use the judgment to garnish his wages and/or seize his other personal assets, such as a bank account.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.