Need help, is there a lawyer in the house?

[susan368]

I was evicted from my apartment back in December 04, because building was sold and new owner was evicting everybody to raise the rents for new tenants to move in. I moved out before the court date and case was dismissed. I checked my credit report in September 05 and new management company is showing on my credit report wanting $1,200.00. I never received anything in writing on what the money is for. Never one letter from the CA or new management company. Just a couple of phone calls form the CA demanding the $1,200.00. Nothing ever in writing giving the breakdown of this claim. I disputed with CRA and came back verified. In February of 2006 I received letter from a law firm demanding the $1,200.00. Letter doesn’t give any detail on what the money is for. My lawyer, who handled my eviction case back then, called this law firm and they did not know what the money was for. I really don’t owe this money. I probably owe them only $500.00 max.

On 4-13-2007 I received a document from this law firm again. It’s a ‘Request for Entry of default’. I was never served a summons. What is my next stop now. I need help.

[momof5]

Call your lawyer.

[Methuss]

Do call your lawyer on this. But you can also help get prepared by calling the court where the default entry motion is being handled and ask for proof of the summons. Betcha they served all the summons to court on the apartment you were evicted from (big no-no).

[susan368]

Hi Metthus:

I called my lawyer and he said that was exactly what happenend. They must have send it to my old address. My lawyer said it's my fault that I didn't receive it because I didn't give a forwarding address. Are youre sure they aren't supposed to sent it to my old address? My lawyer thinks they are in the rights and I should have given the postoffice notice to forward my mail.

[MadinKS]

I could have sworn that forwarding only last for a certain amount of time. I don't think it's a permanent thing. If you moved out in 2004 or 2005, the forwarding would have expired by now. Am I crazy or is that true?

[CreditLawGuru]

fowarding orders through the us post office expire after 1 year.

[direred]

On the other hand, we can and do receive mail for the prior residents (who have a forwarding order) ALL THE TIME.

If you gave the apt your new address, even if you didn't have a forwarding order, that may be enough.

Also, in California, they have three weeks to get you back your security deposit or account for its wherabouts, iirc. It's not a lot of time.

[MadinKS]

fowarding orders through the us post office expire after 1 year.

That's what I thought. Sounds like your lawyer is working for them. Maybe you should remind him that he works for YOU. No offense. BTW, who signed for the summons?

[gbe]

Are you listed in the phone book? If you are listed in the phone book at your current address, you might point out that had the creditor done their homework and found your current address, there wouldn't be a problem. I am not a lawyer, and that point might not mean anything in court - but it might be something...

[susan368]

I did not give the old apartment my new address and I did not forward with PO. This lawfirm sent me a letter before to my current address so they do know where I live now. Can I vacate this judement based on that I was not served the summons? If yes, what happens in court?

[cracrap]

are you in l.a. proper or one of the surrounding communities?..because if your in la proper or west la or santa monica, those communities have very strict guidelines against landlords in favor of tenants..

there are organizations out the wazzoou that should be able to help you..

.and yes you should easily be able to get it vacated for improper service....l.a. does not operate on small town justice,,buddy-buddy mentallity,theyre the real deal and proper procedure MUST be followed..