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  Indiana Legal Forum  Indiana  Real Estate Law  Past landlord judgement
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New Post 7/17/2007 5:34 PM
User is offline Dazi369
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Past landlord judgement 

My husband and I moved into a house we didn't really like out od necessity. I had to clean the place just to move in and was still charged a $500.00 deposit.  Well after two years of not being able to get the Properry Manager to do anything to fix the house, we moved out. The place was cleaner when we moved out, then when we moved in. About two months before we moved out, I discovered we didn't have an electrical outlet in the third bedroon. So I called and asked her to have one put in, to which she replied, "I have to ask the homeowner."  Uh no you don't, it's code to have one on every wall. Anyway, she sent this old man who crossed himself before he tried it. Anyway, we still had not gotten the outlet when we moved out.  About  two weeks after we moved ,we recieved tenative papers regarding her intent to file a lawsuit for damages. After that I never recieved any court papers. Four months later there was a $3,500.00 judgement against me and my husband. One of the things she was recovering for was the electrical outlet and the ripped carpet on the stairs I had asked her from day one to fix. We live in Indiana and it's Agnes Morningstar Property Manangement. How in God's name was she able to claim anything without serving us court papers? She obvioulsy knew my new address or else I wouldn't have recieved the tentative papers correct? Is our only recourse to file bancruptcy on it? We can never buy a house as long as this remains on his record. They are garnishing his wages for it ,so it is getting paid. I just wonder if there was something I could've done or could do, seeing as how I didn't find out about the judgement until I applied for a home loan, therefore making it too late to file an appeal.

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New Post 7/20/2007 11:15 AM
User is offline Jmadalon
108 posts
www.madalonpa.com
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Re: Past landlord judgement 

you may be able to contest the judgment depending on its final nature.  Contact the clerk of courts in the county the judgment was made and research the procedure for contesting a default judgment.  In the future you must document everything with photos - from the move in day to the move our day.  Landlords are notorious for steal deposits and making these claims against former tenants.  You must begin proving your case from day one.

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