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Who is responsible to pay me? The old management or the new management?

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harsha03372

Junior Member
I have filed a small claims case against the management of apartments where I previously lived. I got the judgement from the court saying that the apartments have to pay me. But those apartments were sold to another community before the court judgement was given. Let me clear. ABC was the apartments which belonged to XYZ community. But we have mentioned the name ABC while filing the case and the judgement was given against ABC apartments. But now, ABC is the property of PQR community. As we really wanted XYZ community to pay us and called them asking for payments and faxing them, they are not responding and they say they didn't receive any judgement from court. So as the judgement is against ABC, can I ask the present owners PQR to give my money? How do you think I have to proceed to collect my money?
 


justalayman

Senior Member
But those apartments were sold to another community before the court judgement was given.
was it a default judgment? If not, are you saying the representative of the defendant did not state they were no longer liable for the debts of the apartment complex because it had been sold to another entity?
 

tranquility

Senior Member
You did not get a judgment saying "the apartments" had to pay you. Some entity or person has to pay. Who or what did you sue? If it was "The Apartments", LLC, then you collect from the LLC and the new owners of the apartments owe nothing. (Unless they bought "The Apartments", LLC and not just the apartments.)
 

harsha03372

Junior Member
You did not get a judgment saying "the apartments" had to pay you. Some entity or person has to pay. Who or what did you sue? If it was "The Apartments", LLC, then you collect from the LLC and the new owners of the apartments owe nothing. (Unless they bought "The Apartments", LLC and not just the apartments.)
I got the judgement which says "ABC" apartments has to pay xxxx$ to me. The XYZ community is an LLC. But ABC apartments was sold to PQR community which could be an LLC too.
 

justalayman

Senior Member
I got the judgement which says "ABC" apartments has to pay xxxx$ to me. The XYZ community is an LLC. But ABC apartments was sold to PQR community which could be an LLC too.
whose on first?


who is XYZ in your description?

and was this a default judgment; if not, did the defendants rep make any statement about the entity he represents no longer holds title to the properties or that his client is no longer liable to you because...?
 

harsha03372

Junior Member
Am sorry. It says Defendant ABC Apartments,LLC has to pay. But now ABC Apartments is the property of PQR, property trust, Inc. So do I need to collect the money from PQR or the old management XYZ?
And the defendants didn't make any statement regarding the property or anything.
 

justalayman

Senior Member
Well, since the judgement was entered after the sale, I would say ABC owes you because of that. If it was not a debt at the time of the sale, there was no liability for PQR to acknowledge and accept.
 

tranquility

Senior Member
Am sorry. It says Defendant ABC Apartments,LLC has to pay. But now ABC Apartments is the property of PQR, property trust, Inc. So do I need to collect the money from PQR or the old management XYZ?
I agree with justalayman. ABC Apartments, LLC are the ones who owe you the judgment.
 

harsha03372

Junior Member
No, the people you actually sued in court.
Ok. But when I asked them for the money, they said they didn't receive any judgement from the court. So I faxed them the judgement which I have got from the court. But they are not responding. The court had sent the defendant judgement to the ABC apartments address where the new management is present. Both the old management and new management are behaving like they are not responsible for paying the money. Any suggestions how I can proceed to collect my money? Thanks.
 

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