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How to Collect from a Co-Signer

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  • 04-19-2011, 05:17 PM
    LittleLandlord
    How to Collect from a Co-Signer
    My question involves judgment recovery in the State of: WA

    I had a tenant in an apartment for 4 years. At the time of the lease signing, I required a co-signer on the lease. I had to evict the tenant for non-payment, and won a judgment against him. I contacted the co-signer and asked her to start paying, since the tenant became a deadbeat alcoholic/drug user and has no job. She told me that she wasn't going to pay. On my judgment, her name is not mentioned. Can I amend the judgment and add her and her husband's name (community property state)? Or do I have to sue her separately now?

    How do I get her to now pay the judgment against the tenant? Garnish wages (both she and her husband have jobs). And if so, is there a way to do that myself, or do I need an attorney?

    Thank You - LL
  • 04-21-2011, 03:56 AM
    Mr. Knowitall
    Re: How to Collect from a Co-Signer
    You cannot amend a judgment to add a party who had no notice of, and did not participate in, the underlying lawsuit. You would need to establish liability through a new lawsuit.

    Her spouse did not guarantee the debt and thus is not a proper party to your claim.

    Depending upon the terms of the lease, it's possible that the cosigner's obligations ended at the conclusion of the initial lease term. What do the relevant lease provisions say?
  • 04-29-2011, 02:12 PM
    LittleLandlord
    Re: How to Collect from a Co-Signer
    Washington is a community property state, so I was thinking that he would be liable as well?

    The co-signer's agreement said that it was in full force in perpetuity...and had no ending date.

    I guess I will have to take her to court.
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