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Hiding from being sued. What are my options? |
Some background: I just want his half gone so I don't have to worry about him, the money, or the extra interest that will pile on. I know they'll go after me since I'm the one they have, but is there any way to get his half removed? He's on the paperwork so I'm guessing MySpace conversations of him admitting he owes won't matter; they know he owes. housing law is state specific and yo do not tell your state. speaking generally: read your lease agreement. does it say anything in the lease you signed about liability for unpaid rent? i suspect the lease says that each of you could be individually liable for the total amount of unpaid rent, but read it and see. the lease is basically a contract and the terms of the lease should control. does the 10k represent the total amount due till the date you were evicted, or the total amount due for rent owed till the end of the lease term? has the landlord rented the property since you were evicted? if 10k for rent owed till end of lease term,may be some off-set if prop leased again before end of period. you said you were evicted. did the eviction order include a judgment or finding as to the unpaid rent amount at the time of your eviction? if so, you may argue that a court has already made a determination as to the amount of unpaid rent you owe. if a court has made a determination over a matter that was the subject of prior litigation, the matter is res judicata and cannot be decided again by another court. how long did you continue to live in the apartment after you friend left? did you attempt to tell the lessor that you needed to leave and get a cheaper place? if you stayed for months after your friend's departure and didn't try to find someone else to move in and share expenses, and didn't try to end the lease to move somewhere cheaper, you may have a harder time proving you aren't liable for all money. generally, all parties to a lease should try to minimize damages. was rent current when your friend left? if not, i think you have excellent argument that he is liable at least to you, if not landlord, for half rent accrued in that time. law probably doesn't limit in that way--again,see lease. but even landlords and courts can sometimes be persuaded by "fairness." you will probably have to counter sue your friend to get a judgment against him for his share of unpaid rent. you should do that in this same action. if boyfriend hasn't been served with the court papers, you will need to do so. if you can find address you should tell the person/attorney who filed the suit so they can legally serve him. generally just handing a person the legal papers yourself does not accomplish legal service for court purposes. there is a way to serve someone with a lawsuit if they are hiding from service. the rules of court in the jurisdiction where the suit is filed will determine how to do this. have you tried to work out some sort of settlement with the landlord/his attorney for am amount you think would be your fair share? it would save them and you money to settle this without a court hearing, and might be a good way to negotiate a lower money judgment for your share of the unpaid rent, you could also work out terms for the payment of the judgment. i suppose you know to get everything in writing, including any payments you make. if you feel you are stuck with an unfair share of the money, the only way for you to recoup from friend is as i noted above. you would need to counter sue and get a money judgment against him in your own name. you cannot collect on a money judgment given to landlord. re: towing vehicle. where is it parked? if it is parked at landlord's property, why do you care? I'd let landlord deal with it. if it is parked on your property, there are rules for having vehicles towed that you must be aware of before having it towed. you should probably contact your local municipality to determine the rules. WARNING: this is only general info to give you idea of possible issues and approaches. case is subject to your state's laws and possibly some local ordnances. Hi, If you are the only one they catch, you get to pay it all. Just be sure that in the future they screw his credit history for eternity over this. If he has any assets at all like a car, get the court to issue an "Order to deliver" and then find his butt and bring a tow truck when you go there. |
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