Bradnkcat Posted October 15, 2004 Report Share Posted October 15, 2004 I am fighting a judgment against me. I filed a motion to vacate and my day in court is on Tuesday.I was a property manager for 7 years. I worked for certain company and lived on site there also. My salary was my rent. I didn't pay rent. In February '03 they fired my boss and hired an awful lady to take his place, I quit and actually received unemployment for quit with good cause(her boss got mad at her because of my statement to unemployment). I spoke with her the day I quit and gave told her I found a place and once my credit check/references are done I would be moving. The place I found called her and she gave a false statement saying my boyfriend wasn't on the lease just to make it tought for me to move (She knew he lived there) so this caused our move to be delayed. We still ended up moving @ a week later. I turned in my keys that night and called the next day to the new manager to confirm she had them. She stated she did.I did not hear anything from them again until June of this year. My son was admitted at Childrens Hospital, and while I was there, my sister-in-law received a phone call from a man named "Victor" she told him I was at the hospital with my son and he said he was a well wisher so she gave him the hospital # and room. Their collection agency called me and informed me that I had a judgment against me (AT THE HOSPITAL) for an unlawful detainer. This was the first I heard of it! I told them I couldn't deal with it right now I was at the hospital. When I went back to work the next week, they called my boss, payroll, me, and my co-worker. I told them I could not take calls and I would call them back. I did call them back and they told me more about the judgment and it was granted in March. I wasn't even living there then! I had already moved!!! I called the awful lady that I quit on and asked her how could there be a judgment and unlawful detainer on me. She told me she never received keys. I told her I did and I can easily get a lawyer. I faxed her all the proof I had and didn't hear anything since. I figured he settled it on our own.Last month my boss was sent a certified letter to garnish my wages. I went to the courthouse to look at my file. There are forms I've never seen. - They swore they served me at my old address on a date after I moved- The address they swore they served me on is wrongSo I filled a motion to vacate judgment, served her, and set a date for Tuesday. In the meantime almost $500 has been taken from my check.Any advice? Am I following the steps OK? This is my first time in court. What can I expect? Can anyone give me suggestions? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 16, 2004 Report Share Posted October 16, 2004 You ar doing well so far. When you get to court, you should ask the judge to suspend teh garnishment pending the outcome of your motion. And ask if it is true the landlord would have to pay yo back everything the sheriff has taken. Be prepared to show that you gave back teh keys, that you moved, that people at the old complex knew you moved ( when and where), so you can argue both that the service was bad and that you have a complete defense to the lawsuit. Ask the judge to give you an adjourned date if he thinks testimony from witnesses would be of help. Link to comment Share on other sites More sharing options...
Bradnkcat Posted October 18, 2004 Author Report Share Posted October 18, 2004 The only problem is that they are not admitting I turned in the keys. The manager that works there quit and I can't find her (I searched the internet, phone books, etc). The main proof that I have is that they stated I was servced at "123 Grand Ave" and I actually vacated "456 Grand Ave". Would I still have a chance? My boss is thisclose to firing me because of my garnishment. And I already lost his respect. One of my main purposes of fighting this (besides the fact that I'm innocent and it is all out of retaliation on her behalf) is to prove to my boss that they are screwing me. What can they say at court tomorrow? What happens if they don't show up? They know they messed up by having the wrong address on the service papers. Isn't that enough to prove I am in the right? Thanks for all your help. Court is tomorrow and I'm so nervous. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 18, 2004 Report Share Posted October 18, 2004 See is you can get it adjourned and hire yourself a lawyer. This is no time to be cheap, as this is too important to you. Link to comment Share on other sites More sharing options...
willingtocope Posted October 18, 2004 Report Share Posted October 18, 2004 Hopefully, RC will jump back in here but here's a couple of thoughts...1. In Ohio, at least, its standard practice for apartment complexes to change the locks after someone moves out, so I don't think the keys are a big issue. Your word against hers anyway.2. By all means, go to court. See to it that the judge hears your side of the story. 3. Be sure to describe the actions of the collection agency (or was it the apartment manager) in contacting you at the hospital.4. Point out the incorrect addresses....it could be they're after someone completely different... Link to comment Share on other sites More sharing options...
Bradnkcat Posted October 18, 2004 Author Report Share Posted October 18, 2004 It was the collection company that called me at the hospital.Thanks for the tips. I have no idea what I'm doing. I just know I'm innocent and it's all out of retaliation on her part. What will happen with my hearing tomorrow? What questions are asked of me? What do I do if it is in my favor? Would this automatically stop the garnishment? Can't I go after the company for unlawful garnishment if I do get it stopped? I just want them to leave me alone. It caused a lot of emotional and financial stress on me. What would be the next step. I'm so thankful I am getting great help from you guys now!!! Link to comment Share on other sites More sharing options...
willingtocope Posted October 18, 2004 Report Share Posted October 18, 2004 Lots of questions there, I can't answer. Its your motion to vacate, so like RA said...your best bet is to ask the judge to stop the garnishee pending further motions and adjourn the procedings until you can obtain a lawyer. You might be able to do it all yourself, but a lot depends on how the judge feels about "pro se" litigation.Sounds like what you really want is to get these people off your back. You might be able to accomplish that if the judge is willing to assist you in your defence (unlikely), but to really make them go away and punish them for your pain and suffering, you're almost certainly going to need an attorney. Link to comment Share on other sites More sharing options...
Bradnkcat Posted October 19, 2004 Author Report Share Posted October 19, 2004 Thanks everyone for all your help. I just got back and I wom! They didn't even show!!!! Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 19, 2004 Report Share Posted October 19, 2004 did you get an order from the court vacating the judgment? You will need one to give to your employer and the sheriff so they don't garnish your wages. Now, remember, vacating a judgment means there is no judgment, but there is still a lawsuit against you. Make sure you have a copy of the complaint so you can answer it, and that you answer it in a timely way ( I'd say 20 days tops), or they may go back and ask for a default judgment again. Link to comment Share on other sites More sharing options...
Bradnkcat Posted October 19, 2004 Author Report Share Posted October 19, 2004 I did get a copy and my employer has a copy. I didn't know that they can still go after me. How do I get an answer of the complaint? How do I answer it? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 19, 2004 Report Share Posted October 19, 2004 you admit or deny allegations in the complaint, set forth any defenses you have. Make sure you contact the sheriff or marshal, whomever it is who is garnishing your wages. It is your responsibility to do this. Send a copy to teh Civil Division with a cc to the plaintiff's lawyers. Don't wait. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 19, 2004 Report Share Posted October 19, 2004 remember, you will want to counterclaim for all the money taken from your wages, or at least make the plaintiff pay the money into court as security for any money you ultimately owe. Of course, if you negotiate, they can give you a credit for what you paid. And because you had to vacate it, they should credit the entire amount, not just the amount that went to principal and interest. Did they get attorney's fees/ You will want that disengorged. Link to comment Share on other sites More sharing options...
Bradnkcat Posted October 19, 2004 Author Report Share Posted October 19, 2004 Rentcollect is the collection company garnishing my wages and my employer was sending the garnished checks to the courthouse. So, let me get this right (thanks by the way I thought I was done)...I send a copy to the courthouse to get the money back, the collection company, and the plaintiff? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 19, 2004 Report Share Posted October 19, 2004 You send a copy to the sheriff to stop the garnishment. Send a copy to teh plainitff's attorney to advise them of the order and telling them to stop the garnishment and that you expect the plaintiff to return the money taken to you . You want proof they stopped the garnishment and the money within the next 10 days. Tell them you need 30 days to answer the complaint. Link to comment Share on other sites More sharing options...
retmar Posted October 19, 2004 Report Share Posted October 19, 2004 Recovering Attorney, do you think it would help to inlcude in the answer or somewhere as to the collector lying to gain access to her at the Hospital? You and I both know this was not proper and should be addressed. I'm just not sure if she should file a Defendants Claim, a new claim, or just assure it is mentioned in any further action. Another question is if this was vacated "with prejudice"? And lastly, was the State Laws for Landlords and Tenants followed as written?Just my penny's worth. Link to comment Share on other sites More sharing options...
Bradnkcat Posted October 19, 2004 Author Report Share Posted October 19, 2004 Also, I just found out from the courthouse that I have to go back to court again to claim the garnished checks. Is that right? I thought I was victoreous today but I'm finding there is alot more work to do. I can't afford a lawyer and doing everything on my own. So far so good, but I didn't know there was more. I was just sending copies of my granted motion to vacate judgment off to everyone and thought that was it.And yes, isn't there something that should be done to the company for putting me throught this and the collection company for what they put me through? Also, do I just send the copy to them in the mail or have it certified? Link to comment Share on other sites More sharing options...
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