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Can I sue someone who put a levy on me that shouldn't have been there

Date: Sun, 08/22/2010 - 10:13

Submitted by Danielle Albanese
on Sun, 08/22/2010 - 10:13

Posts: 7 Credits: [Donate]

Total Replies: 6


Hi. If I could just give you some info, maybe I'm missing something. My husbands ex-landlord took us to court 3 weeks ago. Back in June 09' she had stopped cashing my husbands rent checks that were written from my accout (my maiden name). She had held June, July, August and September rent checks. She would never answer our calls to see what the issue was. In March 2010, she took my husband to court for unpaid rent bc by this time, he had just stopped paying. She got a judgement against him for unpaid rent Oct 09'- march 10'. She had my 4 checks still at this time for June-Sept. Once the judgement went against him, she had tried to cash my checks which by this time were passed the bank policy (they were stale-dated). So now she takes us back to court and tries to sue me under my maiden name and my husband for unpaid rent. Long story short, we had a mediator and came to an agreement that my husband was responsible for the total amount. Just a note to add, my name was never on any lease agreement, only his. So they settled on an amount with me taken completely off of the complaint. They dismissed me with prejudice on July 29, 2010. August 16, they levied my accounts and wiped me clean-- $9000. Left me with pennies compared to what they took. I sat in court for about 8 hours trying to get to the bottom of this. Nobody understood how this could have happened being that I was dismissed with prejudice 3 wks prior. I don't know if the court screwed up, or she was trying to pull a fast one, or maybe she knew someone. I don't know. I sat and saw the judge in the morning and then again in the afternoon. He kept insisting that I had a judgement against me until I showed him the settlement paper which he overlooked in the morning session. He then looked a little concerned and scheduled an emergency hearing bc he said he couldnt lift the levy unless all parties were present. He looked a little mad after he saw that paper. Almost like he was mad at the ex-landlord for being sneaky or maybe in his hearts of hearts he realized that someone in house screwed up but I know that they would never admit that.. So here I am, with a 14 month old baby, no money and husband who's going back to school. He knows he has to pay her and he had already agreed to it, but 3 wks is a short time to come up with 8000. I just dont understand how they levied me If I was dismissed with prejudice--- I'm sorry to go on and on... I just need all the help that I can get... and believe me, it's appreciated...


If it were me, I would go to www.naca.net and look for a consumer attorney in your area.

A couple things--consumer attorneys, in a case like this, will often take the case on contingency basis, which means that you do not have to pay them. They take their fees from the party that you sue, if you win your case. Also, most of them will offer a free initial consultation so that you can see if you have a good case against the landlord.

I would sue them big-time--the court should order that they return your money, but I would sue the ex-landlord for damages. The sheer stress that this person has caused you, directly due to their illegal actions, should count for something.


lrhall41

Submitted by skydivr7673 on Sun, 08/22/2010 - 17:33

( Posts: 2036 | Credits: )


Quote:

Originally Posted by skydivr7673
If it were me, I would go to www.naca.net and look for a consumer attorney in your area.

A couple things--consumer attorneys, in a case like this, will often take the case on contingency basis, which means that you do not have to pay them. They take their fees from the party that you sue, if you win your case. Also, most of them will offer a free initial consultation so that you can see if you have a good case against the landlord.

I would sue them big-time--the court should order that they return your money, but I would sue the ex-landlord for damages. The sheer stress that this person has caused you, directly due to their illegal actions, should count for something.

Thanks..I feel so lost and helpless at times. I have to wait until thursday bc the judge set an emergency hearing to see why and how this had happened:-?


lrhall41

Submitted by Danielle Albanese on Sun, 08/22/2010 - 18:20

( Posts: 7 | Credits: )


Quote:

Originally Posted by Danielle Albanese
Thanks..I feel so lost and helpless at times. I have to wait until thursday bc the judge set an emergency hearing to see why and how this had happened:-?


all the more reason to get to naca.net and get a good contingency lawyer in place by then.makes it more convenient to sue him right there instead of waiting.


lrhall41

Submitted by paulmergel on Sun, 08/22/2010 - 19:31

( Posts: 15514 | Credits: )


We were just recently homeless due a previous landlord getting behind on his payments and then turns around and fixes everything when we thought we had to move. So we got evicted from that home making us homeless and now he us harassing us for the money. Took my parents to court to sue us for back rent and won. They were to pay him 100 each month but when we finally found a place after being homeless for 2 months we were trying to get back on our feet. So now he has put a levy on my parents account. I wish there is a way he would drop all of this but he wants his money now. We can't figure out how he found my parents account because he never had any of their SS on the lease paper. He did everything wrong when we moved in. He has caused so much stress for my family and my mom is diabetic and I fear for her health. Of course this guy doesn't care. I wonder if we would have a case against him. I checked out that website and there is none in our area. Wonder if there is some attorney that can help us out for free.


lrhall41

Submitted by on Fri, 10/08/2010 - 20:59

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