Legal Question in Credit and Debt Law in California

Sued because of my ex-wife, and did not even knew it!

I separated from my wife in December of 1997 and moved out of a house we were renting in Fullerton, CA. On my request, my wife sent a letter to the landlord, notifying them that I have moved out and am no longer on the rental agreement (I have a copy of the letter). My divorce from her was finalized Dec 1999. She lived in the same rental property.

I received notification from lawyer/collection agency in March 2003 that I have to pay close to $1100.00. They provided legal court documents that showed the landlord has sued in Sep. 1999, and a Judgment was entered against my ex-wife and me. Of course, I did not know about the judgment, have never received a notice to appear, or was contacted by my ex-wife or the landlord. The collection agency only forwarded a single copy of the court document, and on that it has a stamp reading �Rental/Lease Agreement Forfeited�

How do I go about changing this judgment? Do I have to pay? Do I need an attorney?

Thank You for your help.


Asked on 4/21/03, 4:59 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Sued because of my ex-wife, and did not even knew it!

from the facts given so far, if your wife and/or yourself merely notified the landlord that you were moving out and would no longer be residing in the premises, it would require your former landlord to also agree to releasing you from the lease obligation if you and your wife BOTH initially signed the lease. thus, if your landlord agreed along with you and your wife to release you from the lease,this would be called a novation in which you would not have had further liability on this rental. however, if the landlord did not consent to release you from the "joint lease" but was just notified, then you may still have that rental obligation until you and your wife both moved from the premises. however, you may also have procedural arguments that you were not properly served process (notice) to defend your rights prior to the judgment against you. this may be your strongest defense from the facts given so far. if you would like to email me today with more detailed information on all of this, my Law Firm may be able to further assist and/or represent you legally in this matter.

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Answered on 4/21/03, 5:09 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Sued because of my ex-wife, and did not even knew it!

Thank you for your inquiry.

You can file a motion for relief from a default judgment, which requires you to answer the complaint and proceed from there. This will lift the judgment.

If you were on the lease agreement at all, you might have to pay, unless you can get the landlord to agree to release you, or get your wife to agree to indemnify the judgment somehow.

You can also negotiate the debt, or file bankruptcy.

I hope that this information helps, but if you have other questions, or want more information (or feel that you need legal help) please email me directly at [email protected]. I'm happy to help in any way that I can!

Robert

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Answered on 4/21/03, 5:48 pm


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