Lanlord sues after previous judgement satisfied - Is this legal?

[rock]

Back in college, a roomate and I broke our lease. She was 8 mo pregnant and wanted to move back home. We attempted to talk to the Landlord and explain the situation, but got nowhere. We ended up giving our 30 days notice and moving out. Now we were both equal renters on the lease. Once I moved out, I lost touch with my old roomate. Apparently, she received notices of the Apt complexes demand for money, however, I received nothing until close to three years later, the day I was moving out of state (car was packed and everything) I received a summons that we were being sued in district court for the balance. I left town as planned and did not respond. (Big mistake I know). Two years later, the Apt. Complex sued me in the new state that I was living in. The judgement was satisfied and I thought all I had to do was wait the 7 years for it to disappear off of my credit report. Now, as I am reviewing my credit report, I see that this same Apt. Complex has opened a new case against me in the old state (MI) for a much smaller amount. Finally, my question is how many times can this Apt. complex sue me over the same issue in civil court?
Facts:
We originally broke our lease in 1992.
1st Lawsuit - MI District Court 8/94 $1994
2nd Lawsuit - GA - Satisfied 11/95 $1082
3rd Lawsuit - MI - Filed 6/96 $240

The reason that the judgement was lower in GA is because the old roomate paid her portion of it and what remained I was supposedly responsible for.

Help?

 

[msattorney]

Did you ever pay anything on these judgments? I can't tell from your explanation. What is the last suit for? I would check on the statute of limitations on these kind of cases . Have you thought about contacting the landlord to see if you can't reach some compromise?

 

[rock]

Yes,when they transferred the lawsuit to a Georgia court, I paid the judgement for $1,082.00. I guess I should go to the court and get a copy of the paperwork. I guess part of the problem is that I had no idea there was a third lawsuit. I never received any sort of notification and didn't learn about it until I requested a copy of my credit report.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by msattorney:
Did you ever pay anything on these judgments? I can't tell from your explanation. What is the last suit for? I would check on the statute of limitations on these kind of cases . Have you thought about contacting the landlord to see if you can't reach some compromise?<HR></BLOCKQUOTE>

 

[Tracey]

You might also consider some civil procedure shysterness. ; ) Get a copy of the MI rules of civil procedure. check for:

1) a requirement that all claims arising out of one series of events be joined (bars successive suits).

2) whether MI has "personal jurisdiction" over you (the power to haul you into court in MI). Don't go back to MI. Just chalenge jurisdiction by mail.

3) whether you were properly served with notice of the suit. If not, you probably have 1 year to challenge any default judgment. The landlord obviously knows you live in GA - he sued you there last time.

See an attorney or your local law library forms and help drafting the pleadings.


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.