OK ...... This is wearing me out

Discussion in 'Credit Talk' started by Msfedup, Aug 22, 2003.

  1. Msfedup

    Msfedup Member

    I posted about this collection acgency that filed suit against me for breech of a lease agreement.
    They say that they are still within the 4 year SOL, we say we "breeched" over 4 years ago, because the landlord "breeched" our lease first by not providing us with heat and air conditioning.
    We got a good lawyer, who has responded to the suit with 10 responses, and has requested a jury trail for us.
    I have the documentation to support the breech on the landlords part.
    we vacated in June of 1998.
    They "officially" released us from the lease in May 0f 1999.
    we we served in November, but the CA dropped the case.
    Then he refiled a couple of months later in another county. but before May 2003.
    Aside from the fact that he is a jerk, I just wanted to know if anyone had to take a case like this to trial?
    This is ridiculous, we have witnesses, and evidence, why would a CA push this so hard?
    he is suing for $54000, back rent plus costs .
    Another thing, he says he represents the plantiff.
    But in truth his CA purchased this debt, can he still say that he represents our former landlord?
    Any advice about this is truly appreciaited.
    I am trying to stay calm, and believe it will all turn out well, but I'm in need of some feedback.
    If this guy were to win and get a judgement can they attach my husbands salalry?
    What is a judgement?
    Sorry for all the questions, I'm obviously overwhelmed.
  2. dharma bum

    dharma bum Member

    One thing I would be concerned about is the breach of the lease issue. In some states, you're required to pay your rent into an escrow account if you feel that the landlord is not holding up their end of the lease. Not sure if that's applicable in your situation or not.

    Good luck with it !

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