Lawsuit without my name or signature on lease.

[Crop9]

State of Tennessee.

A detainer warrant was issued to me with another individual. The suit requested possession of the property and a money judgment.

On service, the other party's detainer stated "not at this address" while mine is blank. I never received the notice as I did not live at the apartment.

Creditor received a default judgment on both of us as we did not live there. The other party's judgment was for possession and mine was for the money.

The paperwork included in the detainer was a lease. And on this lease, there is only the other party's name and signature. Not mine.

Additionally, this was a case from 2014 and I am just learning of it now as it isnt on my credit report and my employer just emailed me a notice that my wages are going to be garnished.

The 10 day appeal period is over and I dont know what to do. Is there anything that can be done? This is a judgment of over $2,000 and I can't afford it nor should I.

 

[tranquility]

State of Tennessee.

A detainer warrant was issued to me with another individual. The suit requested possession of the property and a money judgment.

On service, the other party's detainer stated "not at this address" while mine is blank. I never received the notice as I did not live at the apartment.

Creditor received a default judgment on both of us as we did not live there. The other party's judgment was for possession and mine was for the money.

The paperwork included in the detainer was a lease. And on this lease, there is only the other party's name and signature. Not mine.

Additionally, this was a case from 2014 and I am just learning of it now as it isnt on my credit report and my employer just emailed me a notice that my wages are going to be garnished.

The 10 day appeal period is over and I dont know what to do. Is there anything that can be done? This is a judgment of over $2,000 and I can't afford it nor should I.

Look to:

https://www.tncourts.gov/rules/rules-civil-procedure/404

to see if you were properly served. If you were, your choices are extremely limited. Absent facts that make the judgment ridiculous (rather than unlikely), you can only delay the inevitable.

 

[Crop9]

I looked at the link provided and I am not sure if it was legal or not. As the notice does not state it was served, or who received service, on my detainer. But the other party's detainer states that it was not served as they did not live there, "not at the address". (it was attempted service for mine at the same address)

Additionally, the facts are clear cut, I was not a party to the lease agreement, and should not be held liable for past due rent. The lease provided by the creditor's attorney, which was included in the detainer, clearly shows I did not sign, or wasn't even mentioned. Is this not clear evidence I shouldn't be held liable?

 

[latigo]

State of Tennessee.

A detainer warrant was issued to me with another individual. The suit requested possession of the property and a money judgment.

On service, the other party's detainer stated "not at this address" while mine is blank. I never received the notice as I did not live at the apartment.

Creditor received a default judgment on both of us as we did not live there. The other party's judgment was for possession and mine was for the money.

The paperwork included in the detainer was a lease. And on this lease, there is only the other party's name and signature. Not mine.

Additionally, this was a case from 2014 and I am just learning of it now as it isnt on my credit report and my employer just emailed me a notice that my wages are going to be garnished.

The 10 day appeal period is over and I dont know what to do. Is there anything that can be done? This is a judgment of over $2,000 and I can't afford it nor should I.

Some observations.

1. A person does not need to have their name on a "lease" to be subjected to detainer warrant.

2. The "creditor" did not obtain a default judgment against you and the other named defendant simply because "we did not live there"! That judgment was issued because neither of you made a timely appearance in the proceeding.

(Furthermore, there is no appeal from a default judgment.)

3. Your post appears to me to be cleverly worded to avoid a central issue to the property owner's right to obtain such a judgment for possession of the property and compensation for its use.

You skirt around it by saying you were never signatory to a lease covering the subject property and by the mention that you didn't live there at the time designated on the return of service.

What is missing is your denial of ever having occupied he property. Which raises a suspicion that for some length of time you did in fact live there with the solely named lessee/tenant (presumably rent free) and that is why you were both named in the warrant.

And when you left the residence you did so knowing that the named tenant had been served with the preliminary notice to vacate and that there was rent due and owing.

 

[Crop9]

Some observations.

1. A person does not need to have their name on a "lease" to be subjected to detainer warrant.

2. The "creditor" did not obtain a default judgment against you and the other named defendant simply because "we did not live there"! That judgment was issued because neither of you made a timely appearance in the proceeding.

(Furthermore, there is no appeal from a default judgment.)

3. Your post appears to me to be cleverly worded to avoid a central issue to the property owner's right to obtain such a judgment for possession of the property and compensation for its use.

You skirt around it by saying you were never signatory to a lease covering the subject property and by the mention that you didn't live there at the time designated on the return of service.

What is missing is your denial of ever having occupied he property. Which raises a suspicion that for some length of time you did in fact live there with the solely named lessee/tenant (presumably rent free) and that is why you were both named in the warrant.

And when you left the residence you did so knowing that the named tenant had been served with the preliminary notice to vacate and that there was rent due and owing.

I appreciate your candor. And to address your concerns/observations.

1. My issue is not with the fact that I was subjected to the detainer, my objection is with the fact that there was a money judgment against me when I did not have a contractual obligation to the debt (past due rent).

2. I disagree with the claim that the landlord didn't receive the judgment because we didnt live there. It is because of the fact that we didnt live there that caused the service to never be done personally. Without knowledge of the suit, how do you respond?

3. While it may appear that my post is cleverly worded so as to withhold facts central to the situation, that was not my intent. I do assert that I was never a resident of the property. Additionally, the statement of me not being on the lease has been used to demonstrate a lack of financial liability concerning the agreement between two other parties.

The fact of the matter is that it was my wife who was the tenant, before we married, and once married, we went to add my name to the lease, and we were informed that the complex had an income restriction and we would not be able to live there. We were given 30 days to move, and with that months rent, we found alternative housing. Which we can prove the different address at time of attempted service with our current lease.

The claim that default judgments are not appealable is not accurate for TN. I believe I can demonstrate that I was improperly served and have a meritorious defense against the money portion of the suit as there was no agreement between me and the property owner; even if you continue to doubt my claim about not residing there prior to the unfolding of the event, it still, in my opinion, results in me not being liable for past due rent.

Example: your wife has a credit card, she allows you to use it. Times get tough, and you know her account is going into default. Things escalate, and she is sued. You are not liable for the debt simply because you used the card (financial gain) and knew the debt went bad because she didnt pay it.

But, again, I have no idea and am only piecing things together. One attorney who just responded to me has stated getting it vacated is possible, it will just cost $750. Which I find a bit incredulous.

 

[justalayman]

Ok, you were named on the suit for some reason. The complaint was sent to an address you claim you did not live, for some reason.


I guess the landlord pulled your name out of his butt since you continue to argue you were not indebted to the landlord for any reason and imply there was no relationship between you and the landlord so;



where did he get your name:? Why would he sue you if you had no obligation to him?

The fact of the matter is that it was my wife who was the tenant, before we married, and once married, we went to add my name to the lease, and we were informed that the complex had an income restriction and we would not be able to live there. We were given 30 days to move, and with that months rent,

so you did live there. Good, that's a start.

 

[Crop9]

Ok, you were named on the suit for some reason. The complaint was sent to an address you claim you did not live, for some reason.


I guess the landlord pulled your name out of his butt since you continue to argue you were not indebted to the landlord for any reason and imply there was no relationship between you and the landlord so;



where did he get your name:? Why would he sue you if you had no obligation to him?



so you did live there. Good, that's a start.

No, I was going to move in, post marriage, but the landlord informed us of the income restrictions. The use of "we moved" is because I was doing so anyway and as we were combining households, she was too. Thus "we".

I have not denied an interaction with, or familiarity to, the landlord. I do contest the assertion I lived there. They have my information from my application, not a lease. The application did not committ me to being responsible for any and all debt owed.

Adding: even after speaking with the court clerk, who also initialy doubted my claim to not residing there, confirmed that the documentation only had my name on the detainer, and not on any of the supporting documentation. And this was something she had never seen and told me to get an attorney to vacate the order.

 

[justalayman]

If you never lived there, WE couldn't be require to move out within 30 days as you state you were told


Good luck but I suspect there is not full disclosure here.

 

[latigo]

. . . . The claim that default judgments are not appealable is not accurate for TN. I believe I can demonstrate that I was improperly served and have a meritorious defense against the money portion of the suit as there was no agreement between me and the property owner; even if you continue to doubt my claim about not residing there prior to the unfolding of the event, it still, in my opinion, results in me not being liable for past due rent. . . . .

Moving to vacate or set aside a default judgment IS NOT AN APPEAL from that judgment! Its an absurd incongruity.

No one has ever been permitted to have an APPEAL heard from a decision when their Notice of Appeal is their initial appearance in the lawsuit. Not in Tennessee or elsewhere.

If you want to know the legal basis for the plaintiff securing a money judgment against you, read and study the principle of quantum meruit. You are blowing nothing but smoke in contending that you bear no responsible for your use of the premises simply because you were not on the lease.

Like justy has said the plaintiff didn't pick your name out of the telephone book! Nor did you first become aware of the proceedings when the writ of garnishment arrived. You just sat for two years hoping that it would all go away.

Fini!

 

[Crop9]

latigo,

I appreciate your point of view, and I am definitely going to research quantum meruit.

While you continue to doubt my assertion to the fact that I had never lived at the residence, I can definitely understand your position. I do not want to try and litigate this over the internet, as that would be less than pointless, I do want to mention that my wife (who was my fiancee at the time) was on Section 8 housing. In addition to that, the property was an income based housing property. Both of them each required periodic, unannounced inspections, my residing on the property would have caused an eviction long before this suit occurred. Additionally, our current lease was signed nearly a month before they attempted to serve the detainer, so, again, it was not me knowing it was hanging out there and just putting my head in the sand hoping it would blow over; I legitimately did not know about the matter (in terms of suit, and not the unpaid rent).

I do not have any doubt about my position, the documents that verify my claims, nor with multiple witnesses that will corroborate my statement. With this being an anonymous forum, facts are difficult to discern, especially given the fact that nearly all people who contest the debt, do owe it and are "bending" the facts in their favor. I am not, but I can see your standpoint.

Thank you for your advice. It definitely appears as though it will be more difficult to resolve and I will be better positioned if I just retain the attorney and allow him to handle the matter.

Have a great weekend.