How does it work when there are multiple people legally responsible for the same debt?

Get Legal Help Today

 Secured with SHA-256 Encryption

How does it work when there are multiple people legally responsible for the same debt?

Right now, I only have an address to serve 1 of them papers so I have filed a suit against her. If I get a judgement against her but I am never able to collect from her, can I then file another suit against another party to try to recover money from them? Do I have only 1 shot to collect the debt and if sue just her and she files bankruptcy then I am out of luck? Or can I see what happens with her and then file suit against another party later down the road if that becomes necessary?

Asked on October 16, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should file the suit against all of them at the same time to prevent your being barred by either the statute of limitations or by a legal term known as res judicatat (the issue has been litigated before).  If you do not know their present addresses then it may be a little bit more work for you but the law does allow service by other means such as publication.  You will just have to show them that you made an effort to locate their whereabouts (called a good faith affidavit).  The lease probably holds them all jointly and severally liable for the money which is good for you. WHen you get the judgements file them in the county clerk's office.  And judgements are good for many years and often renewable.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption