Legal Question in Real Estate Law in California

Apartment Suit

In 1996, a judgement was brought against myself and one other person in the amount of $4000.0. I was unaware at the time this was going on. Appartently, some company ''claimed'' they subpenoaed me, however I was away at college and never received anything.

Basically, in 1995 I helped at the time a boyfriend get an apartment. Of course seeing how I was 19 at the time we broke up two months later and I moved away. I guess he left this apartment building without paying (not really sure what the deal was.)

Then last year I recevied a phone call, claiming a judgement was put agaisnt my name for the entire amount. They are unable to locate the other person on the suit.

Since I was not living at the apartment at the time, what is my best way of resolving this matter as timely as possible.

Karen Warren


Asked on 6/19/02, 6:22 pm

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Apartment Suit

Unfortunately, since it has been six years since the judgment was obtained, you will probably need to pay the judgment off in order to "resolve" this matter.

However, before doing anything else, I would insist that the company attempting to collect provide you with a copy of the judgment. Judgments in California are valid for ten (10) years and can be renewed for ten (10) year periods. Judgments also entitle the "judgment creditor" to collect interest on the judgment at the rate of 10% per annum until they are paid.

If the judgment is indeed valid, you can attempt to "resolve" payment by negotiating with the creditor and attempt to pay an amount less than the original judgment, together with interest. Of course, if you know where the other person is, you can always sue him for reimbursement for any amounts you are required to pay.

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Answered on 6/19/02, 6:30 pm
Larry Rothman Larry Rothman & Associates

Re: Apartment Suit

You apparently were never served with a lawsuit. Do you have proof or can get proof that you were not living there. If the proof of service is wrong, the court has no jurisdiction on you. Our firm can help you negotiate a settlement or move the court to remove the judgment.

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Answered on 6/20/02, 9:31 am


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