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View Full Version : I moved out on time, but my landlord filed default judgment anyway


bilrow98
Jun 23, 2012, 01:56 PM
My ex-boyfriend and I lived together in a house he owned. He was being foreclosed on and had not paid rent in 14 months, but I was paying him $500.00 rent every month. In Nov 2011 we broke up and he moved out because I caught him cheating. He moved out of state and said me and my son could stay in the house until my son got out of school. I gave him $5000 for pre-paid rent, which he took and cashed. This was also in November. In February, his new girlfriend didn't want me living in his old house anymore and egged him into filing a writ of restitiution against me. He didn't show up to court but his attorney did. The judge said that we needed to work something out since I stated I was already planning on moving. The attorney wrote on the default judgement paperwork that the plaintiff (my ex boyfriend) would vacate the judgment as long as I moved out on the 22nd. I did. My ex's real estate agent would not accept the remote back on the 22nd because it was too late in the evening and she didn't want to drive to meet me, she said she would pick it up later the following day. I assumed everything was fine, but now I find out that he is now refusing to vacate the judgment because his agent didn't have the keys the night of the 22nd. How do I file a motion to vacate the judgement?? This is totally not fair and he is doing this on purpose to hurt me. He knows with a judgment I will be unable to be hired at a job that will hire me knowing about my health issues and are willing to offer health insurance. He said he doesn't care he isn't vacating... Meanwhile, his girlfriend and friends are texting nasty things about me being raped and taking my child away and how I should kill myself because I have kidney disease.

AK lawyer
Jun 23, 2012, 02:52 PM
... his new girlfriend ... egged him into filing a writ of restitiution against me. ... The attorney wrote on the default judgement paperwork that the plaintiff (my ex boyfriend) would vacate the judgment as long as I moved out on the 22nd. I did. My ex's real estate agent would not accept the remote back on the 22nd because it was too late in the evening and she didn't want to drive to meet me, she said she would pick it up later the following day. I assumed everything was fine, but now I find out that he is now refusing to vacate the judgment because his agent didn't have the keys the night of the 22nd. How do I file a motion to vacate the judgement??? ...

You file it and ask for a hearing. Explain to the judge what you explained here (perhaps leaving out some of the irelevant information). Ask the court to order that the judgment be vacated.

Did the judgment specify that you must deliver the keys to the real estate agent on or before the 22nd?