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Asked 7/2/2011

Small claims court: sue for breach of contract

My brother signed a 1 year lease with me in Dec 2010, which ment he is also legally responsible for the rent plus utilities. His girlfriend left him n he moved out without notice, i got up one morning and he was gone. He isn't on 100% disability but on SSI the early retirement check one.. I was told i could sue him for breach of contract because he signed the lease n then broke it. Can I sue him while on SSI? My landlord says yes...she said to sue him for the remainder part of his lease agreement. Which would mean from July to Dec 2011, at $300 per month as that was his share of the rent. Can I sue him ? I'm in the state of Georgia.

 
 
 
 
 
Answers

Answer 1/4 - Submitted 7/2/2011

Sure you can you would have to take him to small claims court then take him to court so a judge can grant law suit and he gets served and will have to pay it

 
 

Answer 2/4 - Submitted 7/2/2011

While you are free to sue your brother for the amounts owed under the lease, collecting a judgment against someone receiving SSI benefits alone may prove to be a fool's errand, because such payments are exempt from seizure, garnishment, or levy.

You MAY fare better by trying to reason with him than spending your time in court.

 
 

Answer 3/4 - Submitted 7/6/2011

Thank you so much for taking the time to answer my question.

 
 

Answer 4/4 - Submitted 7/6/2011

If your brother only receives SSI, you will NOT be able to collect any money from him if you are awarded a judgement, because SSI payments cannot be taken for a debt not owed for federal taxes, student loans, or child support.

 
 
 
 
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