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collection of back rent

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marino32

Guest
What is the name of your state? florida

my wife and i received a summons/notice a couple of days ago to appear for a pre-trial conference.apparently our ex landlord is suing for monies owed in the amount of $2850.this amount covers a period starting aug.2001-feb.2002(includes rent,late fees,&cleanig bill).while i dispute the total amount i realize their is monies owed for this time period.however,this a large sum of money my wife and i could not possibly pay at this time.we are at best a low income family with 2 children.im self employed(lawn maintenance)and my net profit for last year was about $10,000.my wife recently took a job as a waitress averaging a little over $1000 a month,so you can certainly see the financial hardship this could render on us.at this time we have no assets worth any real value with the exception of mobile home(only paid $500 dollars for),truck($800),and my lawn equipment(less than $800).while i realize this probably could have been avoided through simple comunications with the ex landlord prior to this,i worry about the financial affect this could have on our children.finally,this said what do you think our best course of action would be?
 


JETX

Senior Member
Contact the claimant (former landlord) and try to negotiate a settlement for an agreed amount, with scheduled payments.
 
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marino32

Guest
What are my options if they dont agree to any kind of settlement?
 

JETX

Senior Member
You really don't have any 'options'. You have already said that you owe them money, the only question being how much. If you can't negotiate some type of settlement, the lawsuit will likely go forward and they will get a judgmment against you. Then, you will owe the amount awarded plus legal expenses, plus interest.
 
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marino32

Guest
i have contacted former landlord and they refuse to negotiate any payment arrangement,therefor this will proceed to the pre-trial conference.this said,wouldnt the judge stipulate some kind of payment arrangement based on our finances anyway?Also,ive been told that filing bankruptcy would relieve me from this debt,and if i do so now before the court date, the court appearance would not even be required.is this true,and if so do you believe this to be the onlything i can do?thanks again for youre opinions.
 

JETX

Senior Member
"wouldnt the judge stipulate some kind of payment arrangement based on our finances anyway?"
*** Most courts only determine the liability of the parties (judgment as to who owes what to whom). Some states allow their small claims courts to attempt to negotiate a payment plan, but most don't.

"Also,ive been told that filing bankruptcy would relieve me from this debt,and if i do so now before the court date, the court appearance would not even be required.is this true,"
*** Yes and no. The filing of your bankruptcy petition would force all creditors (including this one) to cease all efforts to collect. This includes halting the trial itself. However, if the bankruptcy court refuses the petition, then all 'holds' are off and the creditors can start again. However, it is important for you to realize that bankruptcy is not something to be taken lightly or to stop a single problem. The repercussions, expenses and ordeal is serious stuff.

"and if so do you believe this to be the onlything i can do?"
*** Sorry, but no one can answer that question for you, since it requires a complete review of your overall debts and assets. Contact a bankruptcy attorney if you are seriously considering filing.
 

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