[lee diamond]

My son lives in az. And a house he was renting with his past girlfrend and left a month before the last payment was made. She moved out also.the new owner who baught the house on a short sale moved in. he sent a registered letter to his own house as the last known address of my son and girlfrend. He the went to the small claims court and got a judgement against my son. It's been two years since that happen and when my son went to rent an apartment they refused him as a result. My son contacted their attorney recently and told hime he would be willing to settle for $1775. The judgement was for $2900. The attoreny set a date to settle the following Friday after he spoke with his clients. The next day when my son tried to confirm the appointment the attorney told him his clients decided not accept the offer and they were going to prusue the garnishment of wages approch. I thought to myself after two years they would have done this sooner? In addition my son asked the attorney to send him a letter that he tried to negoiate a settlement with his clients and the attorney told him that he would not do this. What's that all about? Doesn't he have an obligation to at least honor my son's request ?

[JudyKayTee]

Anyone with a judgment against another person can make any/all legal efforts to collect. Once the judgment expires, of course (usually 10 years) the judgment dies and cannot be collected.

The Attorney is under no obligation to do anything other than collect the judgment - the time to protest has passed and apparently the attorney is tired of waiting.

[ScottGem]

Your son broke a lease. He was obligated to pay rent until the end of the lease. The buyer would have been obligated to honor the lease so your son was also.

The attorney is under no obligation to help your son. If he can't pay the full amount then his wages can be garnished.

Since your son apparently did not leave a forwarding address. They didn't know where to contact him and it wasn't worth pursuing. Once he contacted the attorney they decided to follow through and collect.

[AK lawyer]

my son lives in az. And a house he was renting with his past girlfrend and left a month before the last payment was made. She moved out also.

Please clarify. Did they have a lease? Did they fail to make the rental payments to the end of the lease?

the new owner who baught the house on a short sale moved in. he sent a registered letter to his own house as the last known address of my son and girlfrend. He the went to the small claims court and got a judgement against my son.

What did the new owner sue for? As a purchaser under a short sale, it's hard to imagine that he succeeded to the rights of the former owner as landlord, but I guess its possible.

When you say "registered letter", do you mean a summons notifying your son of the lawsuit?

... thought to myself after two years they would have done this sooner?

No. They have no obligation to attempt collect their judgment immediately. For all we know, they could't find him before.

n addition my son asked the attorney to send him a letter that he tried to negoiate a settlement with his clients and the attorney told him that he would not do this. What's that all about? Doesn't he have an obligation to at least honor my son's request ?

No, he doesn't. Paying attorneys to write letters costs money. What do his clients have to gain by paying their attorney to write you a letter? Nothing, really.

[JudyKayTee]

I don't know if the how/what matters - the landlord has a judgment (" he the went to the small claims court and got a judgement aginst my son") UNLESS, of course, no/bad service is being alleged.

And it appears the time for that has long gone!

[Fr_Chuck]

Most judgements may go 5 or more years before they collect, does not matter, and no they are under no obligation to make any deal at all. So any offer for less than full amount, does not have to be even considered,

This is just how this works.