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  #1  
Old 06-23-2003, 11:56 AM
Lo-Lo88
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Unhappy

Landlord garnished me and I wasn't ever subpeona'd


What is the name of your state? WA.

I wassued by a former landlord and I never received the subpeona. So I didn't appear in court and the judge found in his favor and he garnished about $2600.00. First of all there was another tenant for the time he was sueing for, he turned off her electric so the judge threw his suet against her out. He then got the monies from me. The first I heard of it was when my paycheck was garnished. So my question is how should go about getting my money back??? What form of suit should I attempt and does it matter how much time has passed between the garnishment and now!!! Thanx for any help all!!!
  #2  
Old 06-23-2003, 01:39 PM
TazTaz2T
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You don't say if you had a lease, or how long the lease was for,and what was put in the lease.
If I remember correctly, the Landlord ,or court can send the summons to the last know address, assuming it will be forwarded to you.( if you don't pick up ,or forward your mail,tough luck ).
Also, If there is a lease, and you broke it,even though the landlord couldn't not recover from a subsiquent tenant,he can revert back to you for his loss.
Appearanly the Judge saw the Landlord illegally shut off the females elec.,so he couln't recover from her.
  #3  
Old 06-23-2003, 08:37 PM
Lo-Lo88
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yes that is why the landlord couldn't recover from her.... But when I moved in the lease I signed was for 12 months, I resided there for about 2 years. I gave the landlord 20 days notice in august of 2001, at that time the woman that was staying there was an aquaintance of mine. In August I notified the landlord that she was staying there and asked him if he would like for her to leave or to take over tenancy. He had her fill out a credit report and I was moved out, I thought that was it... But around the 10th of September the Lanlord called me and said that I needed to pay rent because the tenant hadn't. I then went ahead and paid rent along with another notice and inquired as to when I would receive my deposit. He said he'd have it to me in two weeks or so and I said alright. The same thing happened the next month and did the same as the month prior. And Basically the next thing I knew 6 months later my checks where being garnished. Somehow he only sued for $850.00 and in the 4 months of garnishments he received nearly $2600.00. So I was not in the middle of any lease and I attempted 20 day notification 3 times and paid the rent for those months. So how was I still accountable!!! OH YEAH ALSO I recently found out that the tenant paid rent for the months he sued for.. So now that I painted a bit of a picture for you gurus out there please help!!!!!!!!!!!!!!!!!!!!!
Try to vacate the judgement,,, Small Claims,,, or what?????HUH?
  #4  
Old 06-23-2003, 09:46 PM
TazTaz2T
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The Tenants Union: Landlord/Tenant Law in Washington - Landlord-Tenant Laws in Washington State. For plain-English explanations of how to use the law to solve your problems as a tenant ...
[url]http://www.tenantsunion.org/ltlaw/[/url]

You have probably gone over the ( 30 ) day limit for appeals,but this site explains the proceedures for evictions,(20) day notices,etc.

You should be able to file a small claims ( limit $3,000.00 I beleive,but not positive ). If you can document a prove through those documents to the court, rent was being paid during the time in dispute you could probably recover.

Rent receits from landlaord,or receits of payment .

You say you lived there 2 yrs.,but orig. had a 1 yr. lease. So i take it the lease was renwed ?

Since you paid rent during times the female lived there,The landlord may have considered it a sublet,and still held you responsible,for rent,damages,etc.

Why don't you go to the clerks office and get a copy of the Judgement against you.It may better explain the ruling.

If you then have dispute with it,write the Landlord a Demand Letter ( sample copy on site above ).with copies of proof you were unfairly charged,and request a refund.

Basicly though, the only way to stop the garnishments is to get a court order, superseding the Judgement,through small claims.

I really don't know if the court will allow it,since you didn't appeal within 30 days.

Of course if proper proceedures weren't fallowed, you could bring that up.

Ck. out the site. It only cost a small fee for filing small claims.

First why not Consult an Attorney in the feild for $50.00 bucks or so ?

If you can prove the judgement was wrong .
  #5  
Old 06-23-2003, 09:50 PM
Lo-Lo88
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THANX!!!!!!!!!!!!!!!!!!!!!!!!


Thankyou very much for your time I really appreciate it and no the lease was not renewed!!!!
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