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Hello, My landlord owes money to someone. To get their money,

 
Dimitry Esquire's Avatar
  • Answered by:Dimitry Esquire
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Customer Question

Hello,

My landlord owes money to someone. To get their money, they have designated me as my landlord's garnishee. I live in Wisconsin and have received a summons for the Dane County Circuit Court. The summons states that if I fail to answer the summons, judgment will be enterd against me to the amount of the creditor's judgment. I interpret this as meaning that if I don't answer the summons I am responsible for my landlord's debt? I have nothing to do with his debts and will not accept any responsibility for it. Can you please confirm that this practice is legal? If I end my lease before the creditor has received whatever money he's owed am I still under any obligation? If I ignore the summons will I then be presented with a bill for the landlord's debt?

 

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Country relating to Question: United States
State (if USA): Wisconsin

Submitted: 280 days and 11 hours ago.
Category: Legal
Value: $59
Status: CLOSED

Accepted Answer

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Expert:  Dimitry Esquire replied 280 days and 10 hours ago.

Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.

To answer your question, the assumption is correct. Since you are paying rents to the landlord, by being the garnishee, those funds can be intercepted and sent to the judgment holder. Such a practice is indeed legal provided that only the assets that you owe to the landlord are obtained from you, and not your own personal assets. If you end the lease AND the landlord releases you, your assets cannot be garnished, but if you maintain your lease, then for the amount you would owe to the landlord, you can be pursued by the creditor.

Hope that helps.


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Dimitry Esquire41097.3205210648

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.3 %
Accepts: 13228
Answered: 7/7/2012

Experience: JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin

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Customer replied 280 days and 10 hours ago.

Hello Dimitry,


 


Thanks for the answer. The only question which remains is:


If I ignore the summons will I then be presented with a bill for the landlord's debt?


 


Thank you,


Nicolai

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Expert:  Dimitry Esquire replied 280 days and 10 hours ago.

Thank you for your follow-up, Nicolai.

I am sorry if I did not directly address it. If you ignore the summons (never a good idea), then you will be given the debt, and the collector will attempt to pursue you for that amount based on your own obligation to the landlord. It is wiser to respond and try to avoid the judgment, or at least work with the creditor so as to have him receive the payments directly.

Hope that helps and udachi!Dimitry Esquire41097.3268584838

 
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