Ask Me Help Desk - Fight Default Judgement that isn't my debt.

In 2010 I rented a home from a couple that was getting out of the military and needed to downsize and move in with their mom and dad to save money. I gave them cash for deposit and first months rent with totaled around $2,000. I helped them make a renters agreement and after we all signed and we moved in I started getting people showing up at the house collecting debts from them. Repossessing their car, sheriff delivering collection for mortgage payment. Apparently they didn't even use the money I gave them to pay the mortgage. I offered to buy the house from them and went to a meeting with their mortgage company. I never saw their mortgage papers but trusted that they didn't lie to me that they had the right to rent to me. I was trying to help them out when I found out they were having trouble as I didn't want my family to be out on the street. I then get a threatening call from the mortgage holders and was told I was their illegally. I rented the house from the owners, but they said I didn't. Instead of dealing with it I took the rent for the next month and moved my family. I was then served the night before a court date and did not have a way to get to the court. I was charged as a third party and now have a default judgement on my credit for something that is not my debt. I want it off. How can I fight this?

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Originally Posted by clsyldy2u

In 2010 I rented a home from a couple that was getting out of the military and needed to downsize and move in with their mom and dad to save money. I gave them cash for deposit and first months rent with totaled around $2,000. I helped them make a renters agreement and after we all signed and we moved in I started getting people showing up at the house collecting debts from them. Repossessing their car, sheriff delivering collection for mortgage payment. Apparently they didnt even use the money I gave them to pay the mortgage. I offered to buy the house from them and went to a meeting with their mortgage company. I never saw their mortgage papers but trusted that they didnt lie to me that they had the right to rent to me. I was trying to help them out when I found out they were having trouble as I didnt want my family to be out on the street. I then get a threatening call from the mortgage holders and was told I was their illegally. I rented the house from the owners, but they said I didn't. Instead of dealing with it I took the rent for the next month and moved my family. I was then served the night before a court date and did not have a way to get to the court. I was charged as a third party and now have a default judgement on my credit for something that is not my debt. I want it off. How can I fight this?

It's impossible to answer specifically without know where this happened - State or Country.

If you received notice less than 24 hours before the hearing you need to go to the Courthouse, look at the file, open the Judgment on the grounds you were not properly served. If you win that Motion to Open and get the Judgment set aside you undoubtedly will be served properly and within the appropriate time frame. You will then get an opportunity to argue "your side" in Court.

I don't understand how you are a party. You rented from the owners (or so you thought), you have signed receipts that you paid rent. How were you brought in?

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Originally Posted by JudyKayTee

It's impossible to answer specifically without know where this happened - State or Country.

If you received notice less than 24 hours before the hearing you need to go to the Courthouse, look at the file, open the Judgment on the grounds you were not properly served. If you win that Motion to Open and get the Judgment set aside you undoubtedly will be served properly and within the appropriate time frame. You will then get an opportunity to argue "your side" in Court.

I don't understand how you are a party. You rented from the owners (or so you thought), you have signed receipts that you paid rent. How were you brought in?

I am in O'Fallon, MO near St. Louis.
The "owners" wanted me to pay for the next month and instead I moved when the mortgage company called me. The owners added me as a third party because they said I withheld rent and caused their $8,000 debt to the mortgage company when it was only one month that I did not pay them. They did not use any of the money I gave them to pay the mortgage and after I was told they had no right to rent to me it was considered a breach of the rental agreement and void. I used the money to move not pay them as they wanted since I was going to have to move anyway. If my agreement with them was fraudulent I did not owe them but moved instead. The mortgage company threatened me and was very hateful when I did nothing wrong. They called came by and was extremely threatening. Also, I have learned that in Missouri it was illegal for them to tell me to move. They said I had ten days or they would come throw me out. So I moved. I was scared for my children. Now I am paying for it on my credit. It is hurting my livelyhood as I am a business owner and need to expand my business and can't due to the credit problems with this.

As Judy said, the first step is to try and vacate the judgment on the grounds of improper service.

Then you can check the county recorder of deeds to see who the owners were and when.

You made some big mistakes by not getting proper documentation, by listening to threats that were illegal, etc.

If you can't get the judgment vacated, I would counter sue, to recover moving costs etc. for being forced to move. You will need to subpoena deed records and mortgage payment records.

Quote:

Originally Posted by clsyldy2u

I am in O'Fallon, MO near St. Louis.
The "owners" wanted me to pay for the next month and instead I moved when the mortgage company called me. The owners added me as a third party because they said I withheld rent and caused their $8,000 debt to the mortgage company when it was only one month that I did not pay them. They did not use any of the money I gave them to pay the mortgage and after I was told they had no right to rent to me it was considered a breach of the rental agreement and void. I used the money to move not pay them as they wanted since I was going to have to move anyway. If my agreement with them was fraudulent I did not owe them but moved instead. The mortgage company threatened me and was very hateful when I did nothing wrong. They called came by and was extremely threatening. Also, I have learned that in missouri it was illegal for them to tell me to move. They said I had ten days or they would come throw me out. so I moved. I was scared for my children. Now I am paying for it on my credit. It is hurting my livelyhood as I am a business owner and need to expand my business and can't due to the credit problems with this.

The only liability I see that you have is for the one month's rent that you didn't pay - and possibly rent based a 30-day notice.

You weren't responsible for paying the mortgage.

I understand a little bit better, but this is more than a bit confusing.

I'd get it set aside for improper service and then argue "my" side in Court.

IF the mortgage company "offered" to throw you out in 10 days I'd go the State Attorney General and report the entire situation as briefly and concisely as possible.