Pittsburgh, PA asked in Landlord - Tenant, Collections and Real Estate Law for Pennsylvania

Q: Am I responsible for entire judgment if co-tenant is missing?

I rented a house in Pittsburgh, PA, with a friend and we were both taken to court by our landlord, who won a judgment for $5,600 against us for damages. Although we are both named on the court papers, the landlord's lawyer claims I am responsible for the entire amount, possibly because my friend cannot be located. My bank account has been frozen as part of this process. What can I do in this situation, and am I truly responsible for the whole judgment amount?

2 Lawyer Answers

A: You and your co-judgment debtor are each responsible for 100% of the judgment amount. if the other guy can't be found, refuses to pay, etc., its all on you. Landlord's attorney is 100% correct.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I understand how difficult and stressful this situation must be. In Pennsylvania, if both you and your co-tenant are listed on the lease and the court judgment, you're both typically jointly and severally liable. This means that the landlord can hold either of you responsible for the entire amount of the judgment, even if one of you is missing. The landlord's lawyer may be pursuing you because they cannot locate your co-tenant, but legally, they can still seek the full amount from you.

Since your bank account has been frozen, you should contact the creditor (the landlord's lawyer) to discuss payment options or negotiate a settlement. It's possible that the lawyer will agree to a payment plan if you explain your situation. You can also ask the court for relief or to revisit the judgment, especially if you're facing significant financial hardship due to the missing co-tenant.

If your co-tenant is found later and you're both held liable for the full amount, you may be able to seek reimbursement from them through a separate legal action. For now, it’s important to stay proactive—contact a local attorney or legal aid organization to discuss how to protect your finances and address the judgment.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.