Eviction judgment vs bankruptcy

[debtfree09]

I have a question...my son recently moved in with his girlfriend of a year.  My husband and I suspected there were some mental issues but as they say love is blind...but three months after they moved in she has taken off and left the state along with some of his money.  He cannot afford the apartment on his own and 10 days after the rent was due and not paid (the company wouldn't take his half of the rent when it was due) they started eviction proceedings.  He also bought her an engagement ring that he is paying on but she won't give the ring back and probably pawned it.  My question is the complex said even if he paid what they ask for to buy out the lease right now  he will still have a judgment on his credit.  My thought at this point is for him to file bankruptcy; wipe out the rent and the ring, etc. and start fresh.  He is 24 years old and has a job where he works 80 hours a week May-Oct and 20 Nov through April so his money is tight. I want what will hurt his credit for the least amount of time and cost the least amount of money.  Thanks.

[StartingOver10]

Bankruptcy is a huge step. There are substantial fees to pay and he has to qualify for a BK. How much does he owe total? What is his monthly income? Is he coming home to recover/live or is he going to rent somewhere else.

The thing is, once he files he won't be able to file again for 4+ years IIRC. Filing at 24 y/o is a serious derog.

It doesn't sound like he owes that much that he can't get it negotiated downward. He can recover more easily by negotiating his debt and not have the substantial recovery period involved with a BK.  I don't have the figures so it's not possible to know which is better yet, but your post didn't indicate substantial debt. But his problem sounds like an income issue. And the fact that he did not understand how a lease works is a function of his inexperience.

Was he evicted already or is he in the process now? He can work it out without the eviction if he hasn't had the hearing yet.

[debtfree09]

He owes about $4000 with the ring and buying out the lease.  I asked the property manager about paying ahead of time and she said no, now that he already has a court date he has to show up.  Couldn't give me a straight answer on if he pays before we go before judge whether he would still have a judgment.  Yes,very inexperienced, living at home no rent, just car insurance and phone bill...we couldn't make him see the issues before he had signed on the dotted line.

[StartingOver10]

Have him get an attorney to represent him for the eviction hearing - this is where an attorney for your son can make a phone call and get the deal negotiate and the eviction stopped. Not that he wouldn't have to leave, but it would get settled before the hearing. This is important. An eviction stays a public record forever essentially.

The ring can be negotiated too,

To file over $4000 is like using a sledge hammer to hit a fly - just the wrong tool for the issue,.

[debtfree09]

The hearing is tomorrow morning we don't have a lawyer we can just call. What about calling their lawyer that sent the letter?

[StartingOver10]

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@debtfree09 wrote:
The hearing is tomorrow morning we don't have a lawyer we can just call. What about calling their lawyer that sent the letter?

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The lawyer that sent the letter represents the landlord and will say anything to get your son not to show up so a default judgment can be entered. That's what they do.

No, it's not fair.

What about legal aid? Can he call someone now? Otherwise, he needs to be at the hearing with money in front of the judge so he can stop the judgment from getting entered. Has he vacated the property?

[debtfree09]

They told me he had a week after he went to court to vacate

[debtfree09]

They told me he had a week after he went to court to vacate and legal aid doesn't go to suburbs no one from housing council called me back. I have the money that they said he could pay to get out of it if he vacates

[StartingOver10]

Quick, look up the statutes in your state to see if your son can vacate a judgment after payment.

If that is true, the statutes will give the time frame. Call the Clerk's office, they may or may not answer the question.

Have your son go to the hearing. Have him pay the amount owed. See if he can negotiate the judgment to be vacated immediately after payment. You can see that I don't believe anything the Plaintiff's attorney says - that's why you need to do a little research yourself.

I hope the Plaintiff's attorney told you the truth because it would be fantastic for your son. Good luck.

[ezdriver]

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@debtfree09 wrote:
They told me he had a week after he went to court to vacate and legal aid doesn't go to suburbs no one from housing council called me back. I have the money that they said he could pay to get out of it if he vacates

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I am managing a property in Connecticut for a friend. We got a default judgement last week as our tenant did not show up for the court hearing. Our attorney told me today that it will take about 10 days to execute the judgement as it involves having a sheriff serve the eviction notice and the tenant is given some days to leave. It is up to the judge to grant the judgement but judges are not always quick to do that if the tenant pleads for time to make payment arrangements.