The state of Virginia awarded a judgment to my old landlord in the amount of almost 2K dollars. I had not resided in this location for almost 4 years, landlord was initially suing my brother, who stayed there for 4 extra years after me, but decided to put my name on the file as well. Landlord had papers served at the address in which I had not resided at and after some contact he is in agreance to remove my name from the judgment. However, after my lawyer attempted to remove my name from this judgment via paperwork, the clerk of court at the courthouse will not motion to re-hear my case, even though i was never served proper papers, nor will they remove my name from the judgment even though the plantiff is willing to remove my name. The judgement was awarded in 2005 and just found out about it within the last 8 months and have been fighting it ever since. Unconstitutional in VA.
2007-06-25 02:58:15 · 4 answers · asked by Scarlet Grey 1 in Politics & Government ➔ Law & Ethics
It may still be legal. Service of Process does NOT mean that they have to put the papers in your hands. It can also include advertisements in the newspaper, and a sign posted on the property. You should consult an attorney in your area.
2007-06-25 03:27:47 · answer #1 · answered by cyanne2ak 7 · 0⤊ 0⤋
Legal. Yoru brother no doubt told you what was going on and you have some television idea that if they did not come to see you personally the whole justice system would just wait. Nope, not only VA but many other states can and will do the same thing. You should have fought it then and not now pretend that you did not know. Proper service can be obtained by publishing in whatever newspaper is desginated for legal notice.
2007-06-25 03:03:32 · answer #2 · answered by Tom W 6 · 0⤊ 0⤋
The service to the old address was legal, as it is a "last and usual service." Therefore as far as the court is concerned you were given proper notification. If the former landlord, agrees that your name should be removed from the judgment, and will do so in writing, this should help your lawyer, in court.
2007-06-25 03:12:41 · answer #3 · answered by Beau R 7 · 0⤊ 0⤋
Was your name on the lease? This is what can happen in a "partnership." This is why it's also a bad idea to cosign a credit card for anyone. If they don't pay, you can be hit up for 100% of the debt and you take the negatives on your credit report as well.
This is actually part of the reason why the Magna Carta was signed 100s of years ago. Simple partnerships are a pretty lousy deal.
2007-06-25 03:03:04 · answer #4 · answered by David S 5 · 0⤊ 0⤋