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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33757
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My son had a judgement entered against m months rent. The

Customer Question

My son had a judgement entered against him for two months rent. The judgement was for approximately $1,100. My son has paid about that much to the former landlord. However these people continue to pursue the issue and have had several court hearings which my son did not receive notice of. They harrass his employers to wage deduct the money and then my son is fired for the wage deduct. How can he pay the bill if they won't let him work. Now they are saying my son owes about $5,800. We are in not comprehending how the amount got that large. Plus a warrant has been issued against my son and daughter in law.
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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With the amount getting that high, it is likely that the landlord had a clause in the lease that allowed him to add in any attorney costs and costs of collection into any judgment. Then each time they go back to court, it probably adds another $1,000 in attorney fees..

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And for what it is worth, it is illegal for an employer to fire someone if they are given one wage garnishment order... (15 U.S.C. § 1674(a).)

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Did you have a specific legal question I can help with?

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thanks

Barrister

Customer: replied 9 months ago.
Is it legal to have a warrant placed on a person. I don't know if it is for failure to appear or failure to pay the bill. Can they legally harass my son and his employer like they are doing now. My son goes to court on Monday and I plan on being there with him. If I think of any further questions I will forward them to you.
Customer: replied 9 months ago.
Thank you for your time!
Expert:  Barrister replied 9 months ago.

Well, I would have to know what the warrant is for to determine that. But if a judge issued, there is a pretty good chance it is legal as judges don't normally issue illegal warrants. It might be that he was served a summons and failed to appear in court so this is a bench warrant. Or if he was ordered to pay and failed to do so, it could be a warrant for contempt of court. Or the creditor could have filed for a "debtor examination" where son would be ordered to appear and give information about his assets and employment and failed to do so and a warrant was issued... Or lots of other reasons.. So there is just no way to know given the information you have provided.

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And if whoever is contacting son is the one who owns the judgment, then they can contact him, but can't do so so much that it is considered harassment under the Fair Debt Collection Practices Act. If they are calling him once a day...probably ok. 8 times a day at all hours.... illegal.

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thanks

Barrister

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