Getting a Judgement Removed

mmlong · Jun 23, 2008, 01:25 PM

We, my husband and I had a judgement placed against us in 2004 over a rental property we rented. We were never notified of the judgement. I have the intention to pay off the debt because of the rental agreement. My question is will the judgement be removed from our credit reports? Any help will be helpful.

JudyKayTee · Jun 23, 2008, 05:41 PM

Quote:

Originally Posted by mmlong

when you say served, does that mean someone physically handed you the papers? I agree with the debt to the landlord, but I was never given the opportunity to pay before the judgement was issued

I don't know what State you are in but "usually" there are 3 ways to serve legal papers - in person; "nail and mail" which means they are placed in your mailbox, in your front door after "usually" 3 good, sincere attempts to serve you personally and then a copy mailed within a certain number of days or service on a responsible (adult) person at your address who accepts the papers.

Simply telling you you owe the money is NOT legal service.

In order to proceed to Judgment the landlord had to present the Court with some evidence that you were served with some legal paper notifying you of the action/proceeding.

If you go to the Court and check the file you will see what type of service was claimed as well as the date, time, etc.

JudyKayTee · Jun 24, 2008, 05:28 AM

Quote:

Originally Posted by JudyKayTee

I don't know what State you are in but "usually" there are 3 ways to serve legal papers - in person; "nail and mail" which means they are placed in your mailbox, in your front door after "usually" 3 good, sincere attempts to serve you personally and then a copy mailed within a certain number of days or service on a responsible (adult) person at your address who accepts the papers.

Simply telling you you owe the money is NOT legal service.

In order to proceed to Judgment the landlord had to present the Court with some evidence that you were served with some legal paper notifying you of the action/proceeding.

If you go to the Court and check the file you will see what type of service was claimed as well as the date, time, etc.

And then this AM it occurred to me that if this is a lease situation there's a possibility you signed some sort of confession/admission allowing the landlord to go directly to Judgment.

I think that clause should be illegal but, unfortunately, I HAVE seen it included in a Lease as a condition if the tenant left the premises early. I don't know how the landlord got it through the Court system, but he did.

mmlong · Jun 24, 2008, 05:43 AM

When we left the property, I sent a nice formal letter stating that we were vacating the premise due to the loss of my job. We left in April which was paid, she is trying to collect to November. If I knew she was not gonna honor my letter to her I would of at least stayed there to get what I'm ending up having to pay for anyway.

mmlong · Jun 24, 2008, 05:48 AM

Thank you JudyKayTee, you've been very helpful.

JudyKayTee · Jun 24, 2008, 06:30 AM

Quote:

Originally Posted by mmlong

Thank you JudyKayTee, you've been very helpful.

Hope it works out for you - more than a few variables here.

Start out at the Courthouse and see who/when/why - and if - you were served.

If you get a second, let us know how it all works out, OK?



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