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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!!!!
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.
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?
@Anonymous 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!!!!
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.
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.
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