HELP - Landlord Suing Me

[Jireh04]

What is the name of your state (only U.S. law)? New York

I moved out of an apartment about a year and a half ago, I could not afford to live int hat apartment so I told my Landlord that I had to leave the apartment because I could not afford to stay there, I already owed her two month's rent and she was the one who kept saying she would wait, when I finally decided to leave... a couple of days ago I received a notice from the court and it stated that she was suing me for those two months, I was shocked, what do I do? should I ignore this court appointment because I didnt even sign for it someone else did.

Thanks

 

[ecmst12]

Sure, ignore the court summons, get a default judgement entered against you, and end up paying MORE.

Why haven't you paid her voluntarily? Sheesh.

 

[swrdmbo]

It doesn't matter who signed for it...the signature was just to prove it was delivered.

If you fail to show up at the hearing the LL is going to get what is called a "default judgment" which means she will be able to garnish your wages, or attach property.

Did you just expect to not have to pay the two months rent? You admit you owe it so I would try to work out a payment plan with her.If you don't, you will have a court order saying you must pay it.

Not showing up will guarantee the LL will prevail, which by what you have said, she should anyway.Your call.

 

[Jireh04]

I understand that I should've payed her she herself told me she would wait for me as long as it took, then all of the sudden I got this notice. I do have terrible credit i dont mind the judgement, and I dont have any wages, how will it affect me if I dont mind the judgement?

 

[ecmst12]

Judgements are good for a long, long time. Someday, you will have money and it will go right to her.

 

[Jireh04]

I am so sorry to bother you, two last questions, she doesnt have my social security number, ohw can she give me a judgment with our records of my social? and also is she able to get more in this judgement than what I owed her or she will get exactly what I owe her?

I thank you so much for your time

 

[ecmst12]

She will get what you owe her plus court costs and attorney fees. And once the judgement is in place, interest will start accruing at the statutory rate.

 

[Gail in Georgia]

If you were on a lease (which you broke moving out early) she could sue you for the two months owed rent plus any additional rent until the lease ran out or the unit we rerented. In addition, court costs are typically added into a judgement.

Honest to goodness, you haven't paid the two months owed rent in the past year and a half and you're "shocked" that she filed a lawsuit against you?

Gail

 

[Jireh04]

She agreed to wait for me we were communicating this is why I was in shock, no one knows each other's situation, times have not been easy, my only question is I didnt have a lease with her, she was like my mom, this is what shocked me the most. And she has no records of my social, in new york I udnerstand that you have a couple of months u ntil you get evicted, I didnt even wait for these months because I couldnt continue doing this to her owing her rent although she didnt mind she said.

 

[sandyclaus]

And this fits the true definition of a deadbeat...

It's been a year and a half since you left, and you still haven't paid her back? How long do you expect her to wait for you to finally pay up?

Of course she's suing you. It's the only way to legally and officially make you come to terms with your financial obligation.

Don't want to go to court? Pay what you owe her and be done with it.

 

[Jireh04]

Yes I understand that I have not paid her, but my question is she does not have my social how can she give me a judgement with out my personal information

 

[Cvillecpm]

Your name and former address will identify you to the credit bureaus when she gets a judgement!

 

[Jireh04]

I am so sorry to keep asking this but, I never reported this address my oldest address before this is recorded but not this one. She may only have my full name but not me personal information, I ddi some work for her as well to cover for her rent dues but this I do ont remind her of, she still wants her rent, and I cannot afford to give it to her, my father recently past away and medical expenses were very high up. Like I said no one knows each others situation. Basically I am wondering what would the consequenses be if I dont appear to the court date, how can she proved that I lived there and that I owed her this rent if I gave her cash all the time. For a judgement how can this affect me if I dont get wages and the worst they can do I heard is hold bank accounts. Am I right?

 

[ecmst12]

Read carefully:

If you don't show up, you AUTOMATICALLY lose. She won't actually HAVE to prove anything, because you won't be there to challenge her accusations.

Your social security number is NOT that hard to find. I'm sure that her lawyer has found yours already. The credit bureaus also know that you lived there.

 

[Wyldrush]

I am not a lawyer here so NO legal advise, just gonna answer your question best I can from experience.

If you do not show up to court, you will have a default judgement entered against you for the full amount she is suing you for plus fees and interest. The judgement will stand. If she wants to collect she will need to use other means like wage garnishment. To garnish wages, that is another process and can get costly. If she has not hired an attorney she may not know how to even take on this step. Also to garnish wages, she will need to know where you are working to get the paperwork process. It does not go through the IRS. If you work off the books, you are safe.

If you show up and agree on an amount, you will have a judgement entered for that amount. Again, a judge will be obligated to let you know your not forced to pay the judgement and again LL will have option of wage garnishment.

One of your best things working for you is no contract. However I do not know NY laws and month to month maybe implied but again no contract.

I suggest you show up, see what happens. Other option since you have bad credit is to file bankruptucy after the judgement and have it wiped out with the other bad debt and medical bills legally.

Honestly, things happen. We all know that. However some attorney's on this board and in general, have a very bad attitude and do not sympathize with people despite many attorneys screw up to and are not ethical or pay all there bills.

My advice (if I was your friend) show up to court, do not say anything to incriminate yourself. If asked about rent, state you did not have anything in writing. You had an understanding with LL but lost your job. After 2 months of trying to secure a job you decided to move out. LL stated I can stay there till I got back on my feet, however it was not coming and I relocated to work things out. Now she wants rent money. something in those lines. Do not mention LEASE or rental money.

How did you pay rent? Does she have copies of checks? Nothing in writing you mentioned. Does she have a lawyer?

Amazing how you get some answers, because you see a different tune if you had hired one of these lawyers to defend you in court.