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I had a civil judgment against me from an apartment complex which I lived at for 4 months. They said I owed them over $6000.00 for back rent and the current months' rent. I paid them half and they agreed that I could make payments for the balance which would be $233.00 every two weeks. I paid $234.00 every two weeks never missed a payment. I received the document from their corporate office showing a zero balance which is correct. They then said I owed them a balance of $380.00. I lost my job in May but still made the payment to zero out the account. They said I owe them the $380.00, I was still unemployed in August when they told me I owed it to them. Their lawyer said I could make two payments for $190.00 one payment the 15th of aug and the final payment Sept 15th. I was still unemployed in August and I couldn't make the payment. I did make the final payment by the 15th of Sept for the total of $382.00 they refused the payment, now what do I do?
State/Country relating to Question: California Already Tried: I have sent numerous emails to them including the CFO of the company. The company is called BRE Properties. I also tried to contact their lawyer but no reply to phone calls.Their corporate office replied saying I would hear from their attorney.
Try to negotiate a settlement for the balance owed by payment plan. Get it in writing with a schedule signed by both sides, and conditioned that once the final payment is received, the judgment will be deemed satisfied and removed.
Attorney
Licensed attorney helping individuals and businesses
I did this but failed to pay on the agreement on the scheduled two dates but paid the balance on the final date.
If you are all paid up and nothing is due, even if you were late the judgment is satisfied and the creditor should close out the judgment.
They are not accepting it, they say i owe this but according to the ledger it shows a zero balance. I also live in New York State and this took place when I lived in California. What if they file a judgement on my credit report? What can they do to me? The apt manager has a personal vandetta against me. Do I have any legal rights to press charges against them for Harassment?
You can file a complaint in court to have them deem the judgment satisfied. It is possible that if you settled for less than the full amount, by being late the settlement triggered the higher amount being due so you need to check over the settlement. See what other amount they claim is owed and if it is not large and if due under the settlement because of the late payment, consider paying it.
No, there was nothing settled for less than owed. This was the full balance. My question is, if they agreed to have the balance paid in two installment payments, what difference does it make if I make two payments by the end date (the 15th of Sept) or pay the balance by the 15th? They still get paid off in full by the end date.
There may be some interest. Find out what they seek and if they are unreasonable, go to court to force the judgment satisfied.
This is the letter I received from their attorney in August.
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let me know if you can open this pdf file it's the letter they sent to me.
I cannot. Try just summing up what it says for me
Okay, I just spoke with thier attorney and they are going to accept the payment which was returned. Thanks for your help.
You welcome.