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shalytah · Dec 29, 2011, 05:29 AM

I just checked the online court system and found that I have a case for unlawful detainer which was filed in Sept 08, I moved out of the house Aug 08. Now because I was unaware of the summons because I moved the decision was in the landlords favor. I have a dispute with that because I had been trying to move for a year and the landlord would not let me out of my lease, I had given him 30 days notice in which my lease stated and he told me that because my lease was for a year I could, but with having a section 8 voucher the lease are month to month. I moved into the house in oct 06, I had to get a lawyer and the lawyer submitted a letter to the landlord and he still told me that I couldn't move so I took all the documentation to hud in which they told me to move because I followed procedure. I moved and never saw or spoke to the landlord again. I just so happen to go online and saw my name owing him 1600. For unlawful detainer file sept 9, 2008 which was after I moved aug 15, 2008.

shalytah · Dec 29, 2011, 05:38 AM

Im sorry correction I moved June 14 2008, per my lease.

ScottGem · Dec 29, 2011, 05:39 AM

And your question is?

File a motion with the court to have the judgment vacated on the grounds that you were never notified of the court action, that you moved prior to the filing and that there was no unpaid rental due.

AK lawyer · Dec 30, 2011, 05:47 PM

Originally Posted by ScottGem

And your question is?

File a motion with the court to have the judgment vacated on the grounds that you were never notified of the court action, that you moved prior to the filing and that there was no unpaid rental due.

But you should first check the court file to determine how you were supposedly served with process. Your motion should explain in detail if and how you were improperly served. Include an affidavit to that effect.