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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18110
Experience:  B.A.; M.B.A.; J.D.
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I recently discovered that I have a judgment that

Customer Question

Hello,
I recently discovered that I have a judgment that had been placed against me after trying to refinance my house.
While Active Duty in the Navy, I briefly rented a home in Portsmouth from a scum lord, sight unseen (I was traveling on orders from California to Virginia). After paying two months deposit ($1800) + two months of rent ($1800) and not even living in the home mind you, my orders finally had me in Portsmouth, VA.
When I finally saw the house in person, needless to say it was bait and switch. The home was in disrepair, there was holes in the flooring, the electricity going to the dryer was makeshift, and the house leaked water as one of the copper pipes under the house was apparently stolen and recycled for cash. That repair alone cost me over $600!
I contacted the scum lord's rental agency and reported my findings and asked to have those issues corrected. They promised to have everything corrected within a month as the home was unlivable. After waiting and numerous phone calls, I informed them that I was moving out to a safe home with the understanding that my deposit would be forfeited while the home was rented to some other unlucky bastard.
After that point, I never heard back from them.
Fast forward to this month, when I applied to have my FHA loan refinanced and discovered that a Judgment from the asshole was placed against me.
I WAS NEVER SERVED, NOR DID I EVEN KNOW THAT THIS HAD TAKEN PLACE!
I spoke to my Navy JAG whom suggested that I 'vacate the judgment.'
Do I have any chance of vacating the judgment?
Is this a case that you would feel comfortable taking on?
How much would you charge to represent me given that I am now deployed with the Marines outside of Virginia?
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Here's the case information:
https://eapps.courts.state.va.us/gdcourts/civilDetail.do?formAction=newSearch?ts=1431503183715&clientSearchCounter=3&localFipsCode=740
Case Number : GV13010033-00
Filed Date : 08/19/2013
Case Type : Unlawful Detainer
Plaintiff Information
NOTARIANNI, JOSEPH CHESAPEAKE, VA 23320
Attorney: SYKES BOURDON AHERN
Defendant Information
HAMMONDS, KENNETH A PORTSMOUTH, VA 23704
Default Judgment
Judgment : Plaintiff
Costs : $56.00
Attorney Fees : 575.00
Principal Amount :$2,685.00
Other Amount : $268.50
Interest Award : 6 % FROM DOJ
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
This site does not offer legal representation. You would need to retain the services of a local Attorney to Vacate the Judgment for you. You can use the following sites to find local Attorneys who handle Landlord and Tenant issues to assist you with the case:
http://www.lawyers.com
http://www.justia.com
http://www.consumeradvocates.org
The Landlord WAS NOT ENTITLED to rent in the first place if the place was not habitable. So, the Landlord has not right to retain your deposit. If you were never served, then your due process rights were violated and you should file Motion to vacate the Judgment and put the case back on the calendar. You would then file an answer and also file a counterclaim for return of your deposit and the amount that you spent on the repairs. Click on the links below for Motion to Vacate Forms and Instructions:
http://www.courts.state.va.us/forms/district/dc434.pdf
http://www.courts.state.va.us/forms/district/dc434inst.pdf

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