Legal Question in Landlord & Tenant Law in Maryland

My wife and I moved out of my apartment over 2 years ago. We informed the landlord prior to moving out that we would be behind and late on the rent for November and December. My landlord later informed me that his house was being foreclosed on and that I would have 45 days to move out. I was lucky to find a new place to move and let him know I would be out by the end of December, so we wouldn't need that long. On the day we moved out, the landlord showed up and he saw us still cleaning the property before we turned in the keys that day. We asked the landlord if he wanted to do a walkthrough before we left. He said no, and to leave the keys on the kitchen table before we left. We had a friend helping us clean up the property, and heard us ask the landlord about the walkthrough. Prior to moving out he sent me an email and informed me that I just owed November's rent, 2 months late fee for November and December (I think it's $50), and a water bill of $50. He informed me that he would retain my security deposit to cover December's rent.

Now it's over 2 years later and he is trying to sue me in court for I have no idea for what. He sent me a letter 30 days after I moved out saying there were damages, but never sent me a list of damages and actual costs. I have now found out that my wife has a judgement against her (she never signed or recieved anything that said she was served through the mail). I received a week ago notice that the attorney of my ex-landlord wants me to make payment for the judgment. I have never been served, but called the local court in the county I live in, and they said a summons has been issued "complaint affidavit/merit trial". I have no idea what that means. I don't understand. How can I be sued if I don't know what I am being sued for? What damages? I was never told? How can I have a judgment and have never signed for any notice? Please help? I have no idea what to do at this point? I don't know if I have any recourse against this person or not? I don't have any money to hire an expensive lawyer, but I feel my wife and I have been wronged and because we don't know all the Maryland landlord/tenant laws, we have a judgment issued against us both. I have been told/read on the attorney general's website for landlord tenant, that if my landlord didn't provide me with a list of damages and actual costs within 45 days of our moving out, that they can't without the security deposit? Is that correct? The landlord only sent us a certified letter stating that he was witholding the security deposit, what we owed for late fees/water bill, and also that there were damages, but she would send us a list later. We never received anything. Now we have judgement and court requests to pay?????

Also, if my wife and I never provided our SSN#'s to the landlord when we signed a lease, if a judgment has gone through, can the courts have our paychecks garnised? I work for the State and She works for the Federal Government. Is that possible for them to do without having our information? Can they pull information without our consent in this instance?

The landlord's current attorney was an attorney on a previous case my wife had years ago. Can the attorney use that information from that case to gain information about my wife to garnish her check?

At this point I don't know whether it is better to just contact his attorney and just start to make payment to make it go away or if we have any recourse or rights to fight this? I appreciate any assistance any attorney can provide, even if it's to just make payment to make this go away? Can we call the attorney if that is our only recourse to set up a payment plan to have this go away? We just want to find the best way to resolve this issue and move on. It's very stressful to be told you have done something wrong, but you don't know what you have done and can't really afford an expensive attorney to help.

Thank you,

The Walkers


Asked on 3/04/13, 8:55 am

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

While you may want to consult with an attorney to get specific advice and map out a strategy, the following general legal information may help:

- Yes, after judgment paychecks can be garnished regardless of whether a party has given his/her ss# to the judgment creditor.

- An attorney cannot usually "change sides" and sue a former client without consent of the former client. It isn't clear whether the attorney was working for or against the wife in the prior case. If against, an attorney can sue the same party in different cases and use information gleaned in any one to press its claims in other cases.

- If a judgment was obtained, a party might want to immediately file a Motion to VACATE or formally remove the judgment, particularly if there was improper service.

- Court records are largely open to the public and it may help to get a copy of any paperwork associated with current or former suits against you.

You are strongly encouraged to seek legal advice. While I hope the general information above helps, it doesn't create an attorney/client relationship or analyze the specific facts of your situation.

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Answered on 3/04/13, 9:28 am


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