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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110530
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I rented a home back in 2013, i payed an $800 damage

Customer Question

I rented a home back in 2013, i payed an $800 damage deposit. All rent was paid in full including any late charges that had incurred. We were removed from the home the night the lease had ended, some of our personal items were still in the home and the owners never allowed us to get the rest of our items out. Over $1500 in personal property. Now in 2016 I contacted the local collection agency about a garnishment and i was notified by phone by the collection agency that the owners of the home i rented have placed a $4000 bill in collections. Is this legal? Also the garnishment that is currently in place is a from the same owners of the home for some couches that I was renting to own in 2008 and the furniture was returned to them, i was never sent any bill saying that i owed any money on the furniture that was repossessed and i was not notified of the existence of the bill for the furniture until i was being called to court for a judgement that was granted on the collection agencies behalf. Is this legal? Help me please!
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were never served with a lawsuit and summons to answer and never had any opportunity to fight the suit, then you would have to go to the court to vacate the judgment and garnishment on the $4000. You will have to fight that in the court based on lack of service.
The furniture suit, if you were served and you did not get an answer filed in time and they held against you in the case, then I am afraid that judgment you are likely stuck with because you needed to get an answer filed and had to appear after that to defend yourself against the judgment with your evidence and if you failed to do so the court could enter judgment against you.
However, you could still seek to attack the $4000 judgment based on never being served notice and once you vacate it then you can fight the fact you do not owe that much money as everything was paid when you left.

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