QUESTION
Can I stop an apartment from garnishing my wages if it was condemned?
Asked on Jun 15th, 2015 on Landlord and Tenant Law - New York
More details to this question:
I was 17 and my boyfriend moved into an apartment and I was put down as a co occupant because I would be staying there a lot. Mold was growing into the apt and he called enforcement and they condemned the apartment and he moved out. Now he and I are being garnished and my question is, if I was 17 and a co occupant, is this legal? And what can I do?
10 ANSWERS
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
If you are being garnished that means you did not respond to the lawsuit asking for money damages when they served it contact an attorney.
Answered on Jun 17th, 2015 at 12:01 PM
Edwin K. Niles
See a lawyer; perhaps you can make a counter-claim.
Answered on Jun 16th, 2015 at 3:29 PM
Thomas Edward Gates
Yes, they can do that. For them to be able to garnish wages, they have had to get a judgment from the court. So, why did you not attend the hearing? See a landlord-tenant attorney to help resolve the matter.
Answered on Jun 16th, 2015 at 10:50 AM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
How did they get the ability to garnish wages? They would have to have a judgment to do that. Thus, you both had to be sued, you were supposedly served, and likely did not respond, allowing a default to be entered against you. If all of that happened, then the landlord got a default judgment against you. If you were never served, you can have the judgment set aside, but you need to make a motion to do that ASAP. You may be able to escape liability altogether since you were a minor at the time the contract was entered into.
Answered on Jun 16th, 2015 at 2:30 AM
A person under the age of 18 can not be held to a contract so until you reached the age of 18, a landlord could not sue you successfully unless he omitted telling the court that you were an minor [so you might be able to set aside the judgment; certainly you should write the landlord's attorney and demand he set aside any judgment or you might consider reporting the judgment as being obtained via fraud on the court]. A garnishment can not occur unless there is a judgment against you. ?once the city condemned the premises as unfit for habitation, no rent could be charged for it as you were constructively evicted. if you can not get the legal actions against you dropped, then you should see a local attorney about suing the landlord and whoever else was involved in the improper actions.
Answered on Jun 16th, 2015 at 2:25 AM
Personal Injury Law Attorney serving San Diego, CA
at
Law Office of Robert Burns
Update Your Profile
You're post is too vague. If the garnishment is under Judgment you know that you concealed all that information so that I am operating in the dark. If the "garnishment" is not really one but an automatic debit you can cancel that with the holder of your account.
Answered on Jun 15th, 2015 at 7:21 PM
Ronald A. Steinberg
If you can prove that the place wasn't fit and habitable, you may be able to get some of your rent back.
Answered on Jun 15th, 2015 at 7:18 PM
James Eugene Hasser
Generally speaking, contracts with minors are unenforceable. You probably should go speak to a lawyer familiar with collection cases.
Answered on Jun 15th, 2015 at 4:57 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
If your pay or bank account is being garnisheed, then the landlord would have to have already won a judgment against you. Were you (or your bf) served with the summons and complaint from the court? If you were, and you did not file an answer within the required time, then a default judgment was likely entered, and that is the basis for the garnishment. Try to get the case reopened if you were not served. Most small claims courts have forms you can fill in with your request, and the reasons for it.
Answered on Jun 15th, 2015 at 3:50 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Their claim can certainly be challenged, if it is not too late to do so. Usually, there are a number of steps they have to go through before the garnishment becomes effective. I hope you did not wait too long. Hire a lawyer, or at least consult with one.
Answered on Jun 15th, 2015 at 3:32 PM