QUESTION

Cosigned a lease, what can I do when they don't pay the rent?

Asked on Jun 24th, 2013 on Contracts - Virginia
More details to this question:
I cosigned the lease for my daughter and son inlaw. I received a letter from their landlord that their check bounced. they have not tried to pay the check or fees. Is it possible to get a garnishment in order to make sure the rent is paid.
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1 ANSWER

Garnishment proceedings are only available after the conclusion of a lawsuit, when a judgment is obtained, and the losing party refuses to pay the amount the court ordered him or her to pay to the winning party. In your case, before you could obtain any garnishment, you would have to sue your daughter and son-in-law, win, and obtain a judgment against them. At that point, you would become what is called a "judgment creditor." If your daughter and son-in-law refused to pay you the amount they owe in the judgment, you might be able to institute garnishment proceedings against them pursuant to Virginia Law.  If you wish to avoid having to pay rent for your daughter and son-in-law, there may be other options available to you, depending on the provisions contained in the lease agreement and any co-signer or guaranty documents you may have signed in connection with the lease. 
Answered on Jul 22nd, 2013 at 11:41 AM

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