What would you like to do?
Yes--unless you and the landlord made an agreement not to evict in writing, the landlord waives no right to evict you simply by accepting a partial rent payment. However, maki…ng even a partial payment shows good faith on your part. I suggest you work with the landlord prior to eviction--evictions are costly and complicated.
If it is a court ordered garnishment (i.e.- child support or similar) you must file a motion with the court to petition for an adjustment in the amount. THis is a fairly… simple procedure and anyone can do it for themselves. Check with your local "Clerk of Court" office.
You can try suing the former tenant for back rent due in a civil suit. If you are successful you can obtain a judgment lien that can be used to seize any property they own… to satisfy the judgment. You should visit your local small claims court to see if your claim falls within its jurisdiction. It is the least expensive way to go.
If you're in Texas.... GOODLUCK!
Yes! An unlawful detainer judgment will show on a credit report despite the fact that money is not owed. Generally, when you apply for an apartment, you fill out the applicati…on and the property management company runs a credit report check that includes your "TRW" and a tenant/resident screening service now owned by First Advantage Saferent. In California it was called "The U.D. Registry, Inc." which was acquired by First Advantage in 2004. Some landlords use a single agency which in turn does the dual check, but the process is the same. Your application can be rejected because you have an eviction on your record. Being listed on the Registry can result in higher rents and difficulty in finding a decent place residence in the future. In California some credit agencies write down the names of every defendant in an eviction case starting 60 days after the eviction action was filed, and keep the names on their records in order to permanently damage the rental chances of these tenants. These companies make no inquiry into the issues of the case; they just report the named tenants in the unlawful detainer actions filed after the expiration of 60 days (when it was unavailable to the public) as bad tenants who should not be rented to. Pursuant to California Civil Code §1786.18(a)(4) consumer reporting agencies may not report unlawful detainer actions where the defendant was the prevailing party or where the action is resolved by settlement agreement. However, First Advantage is known to omit the record only if tenant shows "judgment for defendant."
If there was a lease, the landlord has an obligation to try to rent the unit after the tenant leaves. If he is unsuccessful, the tenant owes for each month that the unit is va…cant, through the end of the lease.
Yes if you filed a join tax return Or you have a join bank account. IRS will garnish 401k because they see it as a income.
You were evicted from your apartment for late payment on the rent and your landlord wants to file a judgment against you for money owed?
First, he cannot just file for a judgment. He has to be granted a judgment by the courts. And this involves a hearing, which gives you an opportunity to file a counterclaim, o…bjection to monies owed or anything else you feel is pertinent to your situation. Therefore, you need to attend this hearing. AND you need to pull out your lease and read what is in there in reference to late rent payments. Does it just say, if its late, you are asessed a fee? Or if you are late, you will be evicted? What does it say as this will be your reference point as this is the agreement you guys agreed to upon renting the apartment from the beginning. Now, the next step is, if he does prevail and obtain this judgment, DO NOT BLOW THIS OFF. This is very important, because if you don't pay it, he could enforce this judgment by, depending on your states laws, garnish your wages, obtain a Writ of Execution and have your personal property sold to satisfy this judgment. This means a constable would show up at your house and enter your house, making a list of personal property that is now locked in and if you don't pay this judgment, they take this property and sell it. So, take this all very seriously. Show up at the hearing...Give your side of the story, state any and all defenses you might have, gather all your evidence together to show as proof of your claims and if you loose, try and make payment arrangements with your ex landlord so you wont be surprised one morning when the cops show up and want to come into your home.
If you have an outstanding debt to the US Army, they may recover it by nearly any means necessary. If you are receiving benefits under the GI Bill, and depositing this in a ba…nk, then, yes, the US government can attach your assets to recover the debt.
If you are, or have been, in violation of the terms of your lease agreement, yes. If the landlord is following your state's legal format for evictions, and the eviction proces…s has already begun, he can continue the process.
Not necessarily: this depends on how much money you have paid the landlord. If you paid all of the money you owed the landlord before hand and then your current rent, then the… eviction is canceled. Please note that an eviction is complete when you are forced to move out of the apartment, not when the judge issues a writ of ejectment. This is because the landlord must take every step during the eviction process in order to proceed with it.
Yes he can. The fact that he owes you $20,000 doesn't mean you don't owe you one rent. If you want to force your landlord to pay you the $20,000 then you will have to sue in c…ourt.
You could sue him in court. You could sue him in court. You could sue him in court. You could sue him in court.
You certainly could. Many people would say that you should not. If you do, there is an administrative procedure within the housing authority to appeal the revocation. If that …does work, you can appeal to a court.