Judgment on rent

Submitted by Anonymous (not verified) on Sat, 06/05/2010 - 04:26
Forums

Hi,

My husband and I rented a home in Va,before we were married, when we married we were relocated because of his job. I explained to the landlord and gave him 2 months notice, he said that was fine as long as I attempted to find another renter for the house. I attempted with no luck. I called and they said that they would apply my deposit to the last months rent and call it good. I cleaned the house from top to bottom, had the carpets professionally cleaned. We move and when we attempt to run our credit to buy his grandmothers home it shows a judgment for Rent :!:

My husband called the agent, and they denied that they had a conversation with us. When we asked where the subpoena for the court date was sent he said to the house, my husband asked why it wasn't sent to the forwarding address we gave, and why the deposit wasn't applied, he stated that he doesn't have to apply it to rent owed. Is there anything we can do? :x

Hi Makayla,

You people were not served properly. Thus, you have the right to vacate this judgment. They did not serve you with the initial notice of their intention to serve, or even a summons. This a violation of Fair Debt Collections Practices Act (FDCPA). According to the FDCPA, the creditor is supposed to serve you a proper notice about the lawsuit.

You can thus vacate this judgment. Go to the court from where the judgment has been issued, and get hold of a form to file the motion to vacate the judgment.

Another thing that you should keep in mind is that you have 180 days from the date of discovery of the judgment to file the motion to vacate the judgment.

Thanks,

Aaron

Sat, 06/05/2010 - 06:59 Permalink

Obviously the summons wasn't given directly to you. I did find out (the hard way) if that happens here, in the state of PA, that the summons is 'null and void'. Gosh...sorry for the mess you guys have been put in. Some Landlords are just out for money....hate to say it.

Tue, 06/08/2010 - 21:13 Permalink