Legal Question in Civil Litigation in Washington
Not served w/papers, does court judgement stand?
I have just discovered that my name was included in a court case regarding my daughter leaving a rental house in deplorable condition, requiring $1600 worth of repair. My name was on the lease as a co-signer. When unbeknownst to me she reneged on her promise to make payments to the property company, they took it to court. I discovered today that my name was included in the action, a court hearing I didn't even know anything about. According to the property manager, I was served papers which my daughter accepted in my stead. (we live in separate towns which are 20 miles apart)She did not tell me she had been served, gone to court,or agreed to make payments, and indeed lied flat out to me when I asked her about it. I understand that since I co-signed for her, I am responsible for the debt, which has now blossomed to $4000. But I didn't get a chance to address this case in court, and apparently my name is on a judgement which I have never seen. Do I have any legal recourse?
2 Answers from Attorneys
Re: Not served w/papers, does court judgement stand?
A judgment is void if process was not properly made. I have handled a similar case and would be happy to assist on an hourly basis.
Ryan C. Nute
Re: Not served w/papers, does court judgement stand?
They are predicating joint and several liability on your co-signing for the apartment. Go look at the agreement you signed. What does it say? Did you agree to be sued if your daughter failed to pay?
Most importantly, you want to go look at your credit history; likely this is being reported.
Depending on what the contract says, you may or may not have a cause of action against the property mangement company; you would have better luck suing your daughter. Seriously. Call if you need more information. Elizabeth Powell
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