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    mslisa313's Avatar
    mslisa313 Posts: 2, Reputation: 1
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    #1

    Apr 18, 2010, 11:19 PM
    Landlord/Tenant
    Landlord/ tenant... two years ago a former landlord filed for possession of property while in court I explained to the judge that the property was in foreclosure and had an upcoming sheriff sale date which was about three days away from the day we were in court the judgment that was entered was for me to pay the landlord or move out in twelve days... I moved out within those days... the following year I found out the landlord filed a writ for garnishment and received a default judgment however I didn't have any knowledge that he did until my income taxes were intercepted.. I filed for a objection to garnishment and explained to the judge I had no knowledge of any other court case after the first one we had the judge insisted that the affadavit said I was served until she looked at the date again and I showed her my license and rental agreement saying when I paid my deposit for my current address seeing that the affadavit wasn't correct in saying I was served at my former address as stated the judge overturned the previous judgment based on fraudulent process service she set another court date six weeks later giving the landlord more time to come up with more lies.. the judge also didn't release my funds the landlord is in possession of and when he asked should he bring in the money she said wait until the court date he may not have to pay it back.. considering that she overturned the previous judgment based on fraudulent terms therefore I'm under no fianancial obligation now is there anything I can do to get my money now versus waiting another six weeks also he said he discovered damages six days after I moved out which is untrue and the sheriff sale date had already tooken place way before I left
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Apr 20, 2010, 09:56 AM

    What sort of documentation does landlord have for the damages? Photos? As for getting your money any quicker you can't until the Judge releases the money or orders the landlord to pay your deposit money back. The matter has to be heard and then ruled upon. The Judge did set another court date to finally resolve this matter one way or another.
    mslisa313's Avatar
    mslisa313 Posts: 2, Reputation: 1
    New Member
     
    #3

    May 14, 2010, 06:27 AM
    The landlord did not have any documentation or any pictures of any damages, the judge did order for the department of treasury to release my funds, however the treasury department had already released the funds to the landlord.

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