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JUDGEMENT FROM LANDLORD


klymax77
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Please help!!

I was sued by a lanlord for $990.00. His attorney fees were $5,100. I receive a judgement for the $6000.00

My job receive garnishment last week and i am going to court next week to plead for 5% of my check rather than 25%.

My question is: Can the attorney take away my car? Should i get an incorporation and sell the car to the corporation? If i loose my car I cannot get back and forth to work.

Can someone advise please.

Thanks

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What a nightmare! My bill for my landlord I owed (10+ yrs back of course) was just sent to a CA and I eventually was able to pay the darn thing, I can't imagine snowballing that amount like this, what hyney holes!!! :evil:

One question...were you able to go to court AT ALL and defend yourself?That's one thing to consider-

Well, here's my input (minus the answer to the above question of course)--uneducated though it may be, here it is. If you are head of household (married w/ children) you may be able to get more moving room by claiming that. If it were me, I'd fight this tooth and nail...I'd take the attitude of a PIT BULL.

I'm so sorry this is happening...gosh, how ridiculous. The things people will do for a dollar--no way would I pay an attorney that much money for so little. Maybe they have a family member...I can't imagine the idiot that did this--it must have been someone doing it for FREE...can they PROVE they incurred these costs??? Grrr....ok, I'll shut up now about that which I know so little.

Elyse

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Yes, I went to court. THe landlord wanted $2,100.+ but the judge awarded him $992.00.

His attorney provide papers to the court of numerous conversations over phone to his client, in office meetings, correspondence and so forth. THe judge bought it all.

I guess my pride got to me and didnt want to pay a landlord money that was never due.

See while during the case, me and my wife went through a divource because of this. We still lives together and now best friends(idiot) She is a fulltime student now and has a parttime job as a self contractor. Her wages cannot be garnished. So he is focusing on me.

Going back to the original question, can he take my car away?

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Look into getting yourself considered "Judgment Proof". Most State's have a specific outline as to what a consumer can and cannot lose in a Judgment. You would list all of your assets. As to an auto, it depends on the amount allowed by the State. As I understand it, if the State allows a $5000.00 limit, and your auto is worth more, they can cause you to sell it. As to personal belongings, you are allowed so much. As to your wages you would have to show all expenditures so the court can see exactly what is required for you to subsist. This is all I can remember about it, but, do call your courthouse to inquire of the process.

Did the Landlord follow the laws of your State regarding Landlord/Tenant?

Read your laws to assure they did. Reason being is that some Landlords believe their Agreements are solid and cannot be argued. Wrong! An example is some will state in their agreements that if you stay less than 3 years, they can legally charge you for repainting at a prorated amount. But, if your State says 2 years, they cannot legally charge you. And, the Landlord or Attorney is not going to tell the court this either. If your State requires the Tenant be notified, in writing, within 21 days, of any charges for repairs, and they do not send it until the 22nd day, they lose. You already have proof of this Landlord's "Shady" dealings which was evidenced in your hearing when the Judge dismissed most of the charges. In short, even if the Agreement you signed says something to the effect of being backed by the Realty Associations or Landlords or any other entity, it is not absolute. You can also call your local HUD office to find the number and location of the Agency who deals with this in your area. In California, it is called "Fair Housing" and was found through the HUD office. Just ask for the agency who governs the Landlord/Tenant Laws of your State.

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I guess I was just wondering what the 992.00 was for, or what their claiming it was for anyway.

So, to clarify are you saying that initially the landlord was only awarded 992.00??? How'd he get awarded all the other 5,100? In essence, you could've paid the 992.00 right there and been done with it? Granted, if you felt you didn't owe it I can understand your trepedation...community property is a tough way to live, my state is ALSO community property so I can empathize. Dh went in for a doctor appt, we forgot to pay it and it went to collections and they added MY name to it.

RE: Car-be careful about selling it. There may be some law in your state regarding doing this AFTER judgement. You may get away with trading it in for something cheaper given the situation. Do you still owe on the car?

This probably doesn't apply, but your wife MAY be able to file for injured spouse--that may ONLY apply to child support, I'm not sure--but it would help in the way of avoiding attaching HER wages AND your wages and attacking accounts that also have her name on it. Especially if only you were named in the lawsuit/judgement. Then again, w/ community property I'm not sure how that goes.

I hope this all gets worked out for you.

Elyse

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It was a landlord who said i owed for 900.00 for spots in a parking area (townhouse). The movein sheet didnt even mention about the parking area. I cant say for sure that there were or werent a spot there when we move in. The $5,100.00 was attorney fees. I have to go to court next week to get the % lessen. In FL it is 25% automatic unless you file to be exempt and dispute.

I dont understand what you mean by community property?

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Until you go to court, look through all photos you have taken while living there. Also ask your family who visited along with any neighbors you were friendly with. Maybe someone has a photo of the area which may help you. You still need to check your State's laws regarding your rights. To me, this is sounding like a type of scam as I have never heard of this particular issue before. Either way, if they are referring to an oil or grease stain, the most it would cost is maybe $100.00 to rent a Pressure Washer and to pay someone for a couple of hours labor. Dig as deep as you can into this. In fact, since Judgments are public record, see if you can find a pattern on this ADUB.

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first of all you have violated the sacred code

of man...never, never, live with your ex...

its right up in the top ten... right alongside never

asking for directions....any man would tell you this.

you should know this just by virtue of being a man.

secondly, judgements and divorce are simular.

if she takes you for 80% of your big salary then you

quit and go to burger king and let her have 80% of that.

its the same with this....change jobs.. or better yet

move to the adjoining state...

moving to the adjoining state would automatically bring

you back into the brotherhood of man.... by getting

you out of living with the ex.....

just remember its better to live with mom than the ex...

next thing you know you will be fixing her car and cutting

her grass....

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oh no it just came to me...

tell me this is not true but

your living with the ex... do you pay

the rent, elec, phone, water, and so on

or does she at least pay her half...

i hope I am wrong and my imagination

has not run wild but I think you may

be paying all the bills.... I think the time

has come for you to go work the oil fields

or go work a crab boat in alaska... get intouch

with your inner man....visit montana..

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Bluebanger, got your point.

She is living with me and paying half the bills.

This is not about manhood this is about a judgement. By the way I dont have to pay for the punani. Better yet my girlfriend lives here too and that punani is free also.

Cut me a break man

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