QUESTION
How can we go about judgement against me and my husband?
Asked on Nov 18th, 2013 on Landlord and Tenant Law - Oklahoma
More details to this question:
My question is regarding a judgement against my husband and I. Recently we had a huge fall out with our landlord's son. Three days after we paid our rent we were given an unlawful retainer in the amount of $2800. We hired this man that took our money and never showed up at court so of course we lost. We now have 60 days to file an appeal because the amount went from 2800 to 5387. 00. My husband was told he can claim bankruptcy and they cannot come after me since both our names are on the same case. I cannot go bankrupt,(I went bankrupt alone in July of 2012). I asked my husband if they can come after me and garnish my wages? please help me with this question?
3 ANSWERS
Raymond Ira Moniak
If the Unlawful Detainer was in a Limited Jurisdiction Court, which it sounds like from the amount, you only have 30 days to appeal. Whether or not it is worthwhile to appeal is a decision you must make after discussing with an attorney.? As to man you hired to appear at court, if he was an attorney you should report him to the State Bar. You may have a malpractice claim against him. On the bankruptcy, it is not true the bankruptcy of your husband would help you.? If you are on the Judgment the landlord/creditor can still go after you.
Answered on Nov 21st, 2013 at 7:12 AM
So you want to request a stay of the order pending the appeal, and you want to file an appeal. One of the grounds of your appeal will have to be ineffective assistance of counsel, but although I encourage you to raise that issue - it alone will not be enough. You will need to show that the evidence you would have presented had you had effective counsel would have been either 1. You owed no money - and paid per the lease agreement (have receipts or witnesses) or 2. The eviction was not valid b/c you were not given appropriate notice in which to file you answer. or request a hardship mitigation
Answered on Nov 21st, 2013 at 7:12 AM
Your husband was told incorrectly. If there is a judgment against both of you, and one only of you can bankrupt it, then the other is going to be responsible for the entire judgment.
Answered on Nov 21st, 2013 at 7:11 AM