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Forcible Entry and Detainer - Can apt/CA collect after court ruling?

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Anonymous
Not applicable

Re: Forcible Entry and Detainer - Can apt/CA collect after court ruling?


@Anonymous wrote:

coerciondotde, I've got to agree with both txjohn and LynetteM.  The fact that a portion of the complaint was stricken does not mean it was adjudicated in your favor.  It is what it is, stricken.  That's it...no more, no less.

 

Advice on these boards come from people of various backgrounds and experience, including real estate.  While you may view LynetteM's comments as biased because she owns rental properties, others may view them as insightful, emanating from practical and ongoing experience in renting to tenants.

 

What she is suggesting is that you investigate this now, and handle it now if it needs handling, to avoid years of credit problems down the road. 

 

That's sound advice, because the fact is that you are not sure whether or not you are off the hook, legally speaking.   You believe you are, so why not go the extra distance and know for sure, one way or the other?  You'll have peace-of-mind if you are off the hook; you'll have a jump on heading off problems if you're not off the hook.  Either way, finding out for sure is the best thing for you right now.

 

Whatever you do or don't do from here on in doesn't effect anyone here but you, and you alone will decide what course you'll take.  Sometimes, though, it's nice to get a look at someone else's map from that trip they've already been on.

 

Good luck with everything, I hope it all works out for you.

 

 


 

I never mentioned it being adjuncated in my favor. I only mentioned the facts: the amount they sued for was stricken down by the judge. Logically, one would *think* since this monetary matter, that was stricken down, cannot be viewed by the apartments as "well, if the judge said we can't collect it, let's see if we can get the collection companies to try it". Often times, collection companies try and collect on things that they don't even own. This is why we have so many DV letter requests on here. Collection companies are not all rainbows and butterflies. They will try to intimidate whoever they are after into paying, WHETHER IT'S LEGITIMATE OR NOT. This has been proven time and time again. Just research the boards here.

 

 

"Advice on these boards come from people of various backgrounds and experience, including real estate.  While you may view LynetteM's comments as biased because she owns rental properties, others may view them as insightful, emanating from practical and ongoing experience in renting to tenants."

 

What exactly is that relevant to? I'm not interested in how others view others opinions.

 

 

 

Yes, it is sound advice to figure out if I am off the hook to avoid problems later, hence this post. I think someone in a legal profession or someone who has been in this situation before would be most helpful. Don't get me wrong, I do appreciate the comments back and forth. And LynetteM's "map" is not my map. It's quite the opposite. I appreciate her advice, but I found some pieces a little interrogitive. If I were a landlord, and some schmuck was posting up about getting out of paying rent to a landlord, I might have my .02 cents to say about that as well :]

 

Anyhow, has anyone actually travelled down this road or does anyone come from a legal profession? I think that's the advice needed here. Not anything about maps, or "mom and pop" renting.

Message 11 of 14
Anonymous
Not applicable

Re: Forcible Entry and Detainer - Can apt/CA collect after court ruling?

OK.

 

Look up "res judicata". 

 

You did not file an answer to the notice.  You did not appear in court.

 

You don't have the benefit of res judicata because the court did not have jurisdiction to award monetary damages.

 

The landlord can pursue you for rent owed.

 

 

 

 

You're welcome. 

Message 12 of 14
Lel
Moderator Emeritus

Re: Forcible Entry and Detainer - Can apt/CA collect after court ruling?

Thread is locked and under moderator review.
Message 13 of 14
Lel
Moderator Emeritus

Re: Forcible Entry and Detainer - Can apt/CA collect after court ruling?

This thread is now unlocked.

 

The FICO Forums are an open forum.  Members are free to post any question they wish, and others are free to respond, so long as the messages comply with the User Guidelines and Terms of Service.

 

If someone poses a question to these forums, he/she may receive replies that don't support his/her particular point of view.  That does not make the reply less valid.  The responses to the original question are legitimate.  If you disagree with any particular opinion, you may either ignore the reply or respond in a respectful manner.  To accuse someone of bias is not being respectful.  To diminish the opinions of other is not being respectful.

 

 

coerciondotde, it is highly unlikely that you will receive definitive validation of your point of view on these anonymous forums.  Regardless of whether someone comes along and states unequivocally that you are in the right, the advice you receive on these forums are not going to hold water in any dispute that you have with your landlord or a collection agency.  It would be advisable for you to seek the services of a lawyer who is familiar with landlord/tenant law in your area.  In many municipalities, there are community service organizations that help mediate landlord/tenant disputes, and provide legal advice as well.  You may want to consider those options.

Message 14 of 14
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