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parker19341
Posts: 7
Registered: ‎12-24-2011
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HELP - Judgement entered against my Daughter

[ Edited ]

My daughter lived with her boyfriend for a short period of time in his apartment that he signed the lease for (she never signed anything).  Since he didn't pay the rent, he received an eviction notice and judgment against him....Now they also filed a judgement against my daughter stating b/c she lived there with him she was responsible as well.  (Her name was listed as a person living there with him).  

 

Can they really do this?  Any advice would be great..she is so young and doesn't have any credit history and this would not look good. 

Would it benefit her to go to the court and complete a "Order to Show Cause," form? 

 

Thank you!!!!  :smileyhappy:

Mega Contributor
RobertEG
Posts: 17,828
Registered: ‎03-19-2007
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Re: HELP - Judgement entered against my Daughter

Do you mean that she has been served notice of legal action, and provided opportunity to respond?

If no trial has been conducted, there is no "judgment entered."

 

If it is the pre-trial stage, then the answer is yes, respond to the court's inquiry.  Whether an "order to show cause" is the proper response would be a legal issue for which I recommend consulting an attorney.

 

In the mean time, I would call my local landlord-tenant commission and inquire as to legal responsibility of non-leasee tenants.

 

 

Super Contributor
marty56
Posts: 5,679
Registered: ‎10-06-2007
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Re: HELP - Judgement entered against my Daughter

Robert, if they live in a state that would view their relationship as being in a common law marriage, could that effect the outcome even though she didn't sign anything?

09/12/2013 FICO: EQ: 772 EX:813 TU:752
Senior Contributor
MattH
Posts: 3,245
Registered: ‎04-03-2008
0

Re: HELP - Judgement entered against my Daughter


parker19341 wrote:

My daughter lived with her boyfriend for a short period of time in his apartment that he signed the lease for (she never signed anything).  Since he didn't pay the rent, he received an eviction notice and judgment against him....Now they also filed a judgement against my daughter stating b/c she lived there with him she was responsible as well.  (Her name was listed as a person living there with him).  

 

Can they really do this?  Any advice would be great..she is so young and doesn't have any credit history and this would not look good. 

Would it benefit her to go to the court and complete a "Order to Show Cause," form? 

 

Thank you!!!!  :smileyhappy:


 

First thing Monday morning you or your daughter must be talking on the phone with a local lawyer. Only a local lawyer will know laws and procedures of your jurisdiction. Only a lawyer to whom your daughter is a client or prospective client will be in a position to consider all relevant facts and provide an informed opininon of possible responses and likely outcomes. Most likely there has not yet been a judgement entered, probably what your daughter got was a Summons or something similar from the Court hearing the case. The key fact about getting a Summons is, a legal clock is ticking so your daughter needs to respond rapudly and correctly. Delay in responding to any notice from a Court can have major consequences, as can responding incorrectly. Therefore delay in speaking to a lawyer could be costly to your daughter.
TU 791 02/11/2013, EQ 800 1/29/2011 , EX Plus FAKO 812, EX Vantage Score 955 3/19/2010 wife's EQ 9/23/2009 803
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Regular Contributor
psychoinhell
Posts: 565
Registered: ‎06-12-2010
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Re: HELP - Judgement entered against my Daughter

If the court enters in a judgment against your daughter the only way to get that off of her report is through the courts.  The CRAs will not be able to remove it until the courts confirm that it has been satisfied.  Right or wrong, the only way to prevent this is in court.


Starting Score: 600ish in 2007
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New Member
User592954
Posts: 37
Registered: ‎06-16-2012
0

Re: HELP - Judgement entered against my Daughter

contact a lawyer

seems unless she signed the lease

they shouldn't be able to obtain a judgment on her

unless she's a common law spouse

so if they sued her incorrectly and she failed to respond

she might have to do a nunc pro tunc appeal to correct a void judgment

normally a judgment goes to the party named in the action

so if she was named, and defaulted it's a void judgment that can be corrected by a lawyer via a nunc pro tunc appeal

oh it's latin for now for then

so the local lawyer will know the rules as to if she was really liable, but usually in leases only the signor liable or their spouse or common law spouse

a person living with a friend is like a sub tenant, the person on the lease should really be liable

but a lawyer in the area is the need

then mention nunc pro tunc appeal

most lawyers do not do appeals

so you might want to start off with an appeallate lawyer out of the gate

one that does RE stuff

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Senior Contributor
MattH
Posts: 3,245
Registered: ‎04-03-2008
0

Re: HELP - Judgement entered against my Daughter

I really really really hope by now OP has spoken with a lawyer!
TU 791 02/11/2013, EQ 800 1/29/2011 , EX Plus FAKO 812, EX Vantage Score 955 3/19/2010 wife's EQ 9/23/2009 803
EX always was my highest when we could pull all three
Always remember: big print giveth, small print taketh away
If you dunno what tanstaafl means you must Google it

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