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    wannablawyer's Avatar
    wannablawyer Posts: 2, Reputation: 1
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    #1

    Jun 28, 2010, 07:30 PM
    How do I file a motion to set aside judgment in the state of az
    I resently was fired from a property management company that as a condition of my employment I received rent at a discounted rate I have a roommate who is also on the lease ,we were given a form to sign at the time that we signed our lease which stated that if my employment with the company were to be terminated for aany reason that we would have to move out within three days I agreed to the terms and signed the form but my roommate did not agree and did not sign the form but they allowed her to rent anyway .upon the termination of my employment I move out of the apartment in the alloted time frame but my roommate did not because she didn't agree to the terms so at the begaining of the month when rent was due she went down to pay her rent as always and the apartment manager refused to take the rent and told her to use her money to find a place to live and told her she would give her time to find a place during the time that was given she was served with an evction notice that had a court date on it we were late to court and by the time we made it a judgement had been passed on our case we filed a motion to set aside with the court before we left and hand delieverd a copy to the attorney he motioned the court to deny our motion on the basis that we signed the form my question is should I send a written rebuttal to the court at this point
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 28, 2010, 07:47 PM
    Quote Originally Posted by wannablawyer View Post
    ... he motioned the court to deny our motion on the basis that we signed the form my question is should i send a written rebuttal to the court at this point
    Please explain this part a little bit more: how did he figure the motion to set aside should be denied because you and your ex-room-mate "signed the form"?

    By "the form", do you mean the lease or the motion?

    I will assume you mean the lease. Yes, file an affidavit from your roommate, stating that he/she never agreed to nor signed the lease, and attaching your (unsigned by her) copy of the lease. She might also want to state (if you haven't already in support of your motion) that the manager gave her more time to move. You could also file an affidavit of your own, backing up her story.

    One issue I have: how do you figure that you have standing in this case? You moved out. Your roommate seemingly should be the only defendant.
    wannablawyer's Avatar
    wannablawyer Posts: 2, Reputation: 1
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    #3

    Jul 1, 2010, 07:49 AM
    Comment on AK lawyer's post
    I moved out but the management company still is holding me liable my roommate signed the lease but didn't sign the employee addendum

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