Can one person (who is a part of a judgment that involves 4 people) only pay 25% of the judgment and then get it removed?

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Can one person (who is a part of a judgment that involves 4 people) only pay 25% of the judgment and then get it removed?

If 4 people are a part of a judgment of $28,000, then how is the debt divided? Can one person pay 25% of it, and be taken off of the judgment, and have their portion of the judgment be satisfied? This judgment was from 4 years ago and since then the creditor has not tried to collect on the debt, so we are unsure if the debt has been paid or not. It just seems weird that no action has been taken (not even a letter) asking for the money.

Asked on April 30, 2012 under Bankruptcy Law, Missouri

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

You should check the wording of the judgment to see how liability is apportioned.  If the liability is "severally", meaning the debt is owed separately, then your portion should be prorata or 25%.  If, however, liability is "jointly and severally" or "jointly", then that means that one person can be forced to pay for all of the judgment if necessary.  Good luck!


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