What can I do if I'm getting sued but I do not have money if I lose? 5 Answers as of January 11, 2013I’m being sued in a civil case in the state of Virginia by my ex-landlord. Two week prior to my move in date, I informed him that I did not have enough money for the room due to my loan getting declined. He told me that I could find someone else to take over my lease; I did that the exact same month. Instead of removing my name of the lease he is now suing for unpaid rent. I'm a freshman in college and I do not have the money to pay him if he wins. Please help
Law Offices of Frances Headley | Frances Headley
First of all be sure to attend the hearing with any witnesses you have to present your side of the case. But in the event you lose be sure to tell the court that you have no money and will need a payment program. The court should be willing to give that to you.
Answer Applies to: California
Law Office of Peter Holzer | Peter Holzer
You can't get blood out of a stone. The judgment creditor can't get what you don't have. BUT the judgment will affect your credit. Also, in a few years, after the judgment has accrued interest at 10% a year, and you have finally landed your first job, you may receive an unpleasant reminder about the judgment in the form of a wage garnishment. Some employers would consider that cause for termination.
Answer Applies to: California
The Ticktin Law Group | Peter Ticktin
More to the point, if you found a sub-tenant, you would not owe for anything other than the one month, as you mitigated the losses. I suggest that you make sure that you defend the action, just to make sure that he ex-landlord does not get more than he or she should. Once there is a judgment in Virginia, the landlord may "domesticate" the judgment in Florida and hound you down here. However, if you don't have the money, there is no debtor prison, and he or she will not be able to get blood from a stone. Relax. Life is short. The judgment will be good for 20 years, though, if it is a Florida judgment (I don't know about one in Virginia), and the Landlord may wait until you need to clear your credit to collect. Sounds like you got into a bit of a fix. Hopefully, it won't be too onerous of an amount.
Answer Applies to: Florida
Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
Can't answer a VA law question Daniel N. Hoffnung Daniel N. Hoffnung, Esq. Winnick Ruben Hoffnung Peabody & Mendel, LLC 110 Whitney Avenue New Haven, CT 06510 (203)772-4400 ext 304 (203)772-2763 fax This communication may contain information that is confidential and/or subject to the attorney/client privilege. If you are not the intended recipient, or the employee or agent responsible for delivering the message for the intended recipient, please be advised that any use, distribution or copying of this communication is prohibited. If you have received this communication in error, please notify the sender immediately.
Answer Applies to: Connecticut