Default judgement 2 years later?

[Nylam1636]

What is the name of your state? California

I rented an apt. in 2016 with my boyfriend, by 2018 things were going real bad for my boyfriend and me. In July 2018 I left my job and apt. I emailed property manager and company owners and asked what i needed to do for my name to be removed from lease (boyfriend stayed in apt) The manager replied back saying email him stating that i was giving my 30 day notice and forfeiting my security deposit. So I did. Thought I was done until a court order showed up at my current employment to garnish my wages. Seems in March 2019 the Company filed a UD case and won a default judgement. I googled what to do and started working on a Motion to set aside, Declaration, points and authorities, the answer but it seems overwhelming besides a lot of typing of something I saw online and legal languages that Im not sure of. Now i started reading about Demurs. Spinning in too many directions not knowing where to stop. Please advise, I cant afford an Attorney but I feel like I did what I was suppose to do how can they do this? I was never served they requested to post that at old apartment.

 

[zddoodah]

a court order showed up at my current employment to garnish my wages.

First thing you need to do (if you haven't already done so) is go to the court clerk's website or office and obtain copies of every document in the court file for the lawsuit that was filed against you. In order to garnish your wages, your former landlord must have sued you and obtained a judgment. You'll want to pay particular attention to how the landlord claimed to have served you with the summons and complaint.

Now i started reading about Demurs.

A demurrer is not something relevant to your situation ("demurrer" is a noun and "demur" is a verb).

how can they do this?

Kind of a pointless question. It happened, and now you have to deal with it.

Please advise, I cant afford an Attorney

Please read the disclaimer ("IMPORTANT NOTICE") at the bottom of the page. We can't give you legal advice. You either have to try and figure out how to make a motion to vacate a default judgment (Code of Civil Procedure section 473(b)) or contact the attorney for the judgment creditor and see if you can negotiate a settlement.

Here's the thing: simply sending an email as you described did not terminate your tenancy. You would have needed something signed by you, your landlord and your ex-boyfriend. Depending on what happened between July 2018 and March 2019, there may have been a significant amount of unpaid rent and/or damage to the apartment. You should have gotten credit for the security deposit, but that may not have been enough. Without something in writing signed by the landlord (or even an email) that expressly releases you of your obligations under the lease, you probably have no defense to the underlying claim.

 

[adjusterjack]

Please advise, I cant afford an Attorney

Weren't you happy with the answers you got on the other site.

 

[Nylam1636]

I didn't know that, I thought they made an offer I accepted they got my security deposit done deal. Thank you for the information, Im still going to try but no longer thinking i have "a slam dunk"

 

[Nylam1636]

Weren't you happy with the answers you got on the other site.

What answer are you referring to?

 

[eerelations]

What answer are you referring to?

All of the answers on the other site.

 

[quincy]

I didn't know that, I thought they made an offer I accepted they got my security deposit done deal. Thank you for the information, Im still going to try but no longer thinking i have "a slam dunk"

Did you ever provide your former landlord with a forwarding address? Personal service of court papers is not always possible so a court allows for an alternate means of service. The landlord could have used another means, therefore, to provide notice of the lawsuit.

Here is a link to California’s ways that court papers can be served:
https://www.courts.ca.gov/selfhelp-serving.htm?rdeLocaleAttr=en

Here is a link to information on California’s wage garnishment, if you do not pay on the judgment (and the judgment is found valid):
https://www.courts.ca.gov/11418.htm?rdeLocaleAttr=en

As mentioned earlier, you could try to settle the judgment with the judgment-creditor but, since the judgment holder is already garnishing your wages, the judgment holder does not have a lot of incentive to settle unless you can pay the judgment in close to the full amount.

 

[Litigator22]

What is the name of your state? California

I rented an apt. in 2016 with my boyfriend, by 2018 things were going real bad for my boyfriend and me. In July 2018 I left my job and apt. I emailed property manager and company owners and asked what i needed to do for my name to be removed from lease (boyfriend stayed in apt) The manager replied back saying email him stating that i was giving my 30 day notice and forfeiting my security deposit. So I did. Thought I was done until a court order showed up at my current employment to garnish my wages. Seems in March 2019 the Company filed a UD case and won a default judgement. I googled what to do and started working on a Motion to set aside, Declaration, points and authorities, the answer but it seems overwhelming besides a lot of typing of something I saw online and legal languages that Im not sure of. Now i started reading about Demurs. Spinning in too many directions not knowing where to stop. Please advise, I cant afford an Attorney but I feel like I did what I was suppose to do how can they do this? I was never served they requested to post that at old apartment.

PLEASE don't be dissuaded from thoughts of taking legal action to set aside the default judgment thinking that you have no defense to the underlying claim. Missing here (but included in your postings at "the other site") are critical details appearing in your e-mail exchanges with management that provide all the required elements of an ACCORD AND SATISFACTION and PROMISSORY ESTOPPEL. Both decisive legal defenses to the claim of breach of contract. If you desire further explanation, just ask.

Also, as I told you earlier, since you never received actual notice of the filing of the lawsuit or written notice of the entry of the default you have two (2) years from the date of the entry of judgment within which to file a motion to vacate the judgment. Here it would appear that the judgment was entered sometime in March or early 2019. (See: California Civil Code (CCP) Section 473.5)

 

[quincy]

PLEASE don't be dissuaded from thoughts of taking legal action to set aside the default judgment thinking that you have no defense to the underlying claim. Missing here (but included in your postings at "the other site") are critical details appearing in your e-mail exchanges with management that provide all the required elements of an ACCORD AND SATISFACTION and PROMISSORY ESTOPPEL. Both decisive legal defenses to the claim of breach of contract. If you desire further explanation, just ask.

Also, as I told you earlier, since you never received actual notice of the filing of the lawsuit or written notice of the entry of the default you have two (2) years from the date of the entry of judgment within which to file a motion to vacate the judgment. Here it would appear that the judgment was entered sometime in March or early 2019. (See: California Civil Code (CCP) Section 473.5)

It helps to have more facts available.

I only participate on this forum and can only go by what is disclosed here.

 

[Litigator22]

. . . I only participate (?) on this forum . . .

Now that is an understatement without known counterpart! The self-restraint needed to express it must have been agonizing.

 

[quincy]

Now that is an understatement without known counterpart! The self-restraint needed to express it must have been agonizing.

I am a master of self-restraint.