I got evicted from my apartment in November 2001 for un-paid rent. In February 2002, i received a letter outlining what i owed to the apartment complex. The letter did not have a deadline in terms of when i was to pay this debt. I received a call on December 12, 2008 stating that legal action has been pursued against me, and now i have until the 31st to pay, or i will be taken to court. This is the FIRST time since they sent the letter in 2002 that they have contacted me about this issue - seriously the first time. I know there is a statute of limitations, and I am curious to know what my legal options are. If anyone knows anything, any help would be greatly appreciated. My time here is limited.
Being sued over due rent
- Thread Starter jsewell17
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jacksgal
New Member
So you thought the Apartment complex she just eat the rent you owe?
Gail_in_Georgia
Moderator
What state did this occur in?
Gail
Gail
jacksgal
New Member
If your intent was to settle debt why the six years with no payment?
Gail_in_Georgia
Moderator
This may be what you are looking for...a state breakdown of SOL.
Remember that there may be exceptions to the deadlines; for example, in some states if one leaves the state they owe a debt in the debt "clock" is put on hold and begins running again if they return..
http://credit.about.com/gi/dynamic/...focenter.com/rebuild/statuteLimitations.shtml
Gail
Remember that there may be exceptions to the deadlines; for example, in some states if one leaves the state they owe a debt in the debt "clock" is put on hold and begins running again if they return..
http://credit.about.com/gi/dynamic/...focenter.com/rebuild/statuteLimitations.shtml
Gail
Jacksgal, like i had previously stated, this was the first time since Feb. 2002 that i was made aware of this. The apartment complex got completely destroyed in Hurricane Katrina, so i had no way of getting in contact with them, but they knew how to contact me. I'm just curious as to why they waited six years to finally try to resolve this. It would be one tried for six years, but that is not the case. I have had the same contact information that they have since then. Gail In Georgia, thank you for that link, but i had already known about that. I am aware that the statute of limitation in the state of Mississippi is 3 years. If i decline to pay by the 31st, and they take me to court, do i have a legit case??
Gail_in_Georgia
Moderator
Perhaps they couldn't find you for the past six years? Does it matter how long it took them to find you?
Whether you have a legitimate reason for not paying this debt based on the statute of limitations for Mississippi would all depend on how the judge rules in this matter. It's all up to the judge.
Gail
Whether you have a legitimate reason for not paying this debt based on the statute of limitations for Mississippi would all depend on how the judge rules in this matter. It's all up to the judge.
Gail
Thank you. I was just curious as to know. Like i had stated, my contact information has been the same for the past six years, so i can't see a valid excuse as to why they could not find me. As for the question on does it matter how long it took them? In a way, yes. From what I understand, as per the laws of the statute of limitations here in Mississippi, they cannot make a court claim and take legal action for an owed debt after 3 years. It's been six.
Gail in Georgia, I have another question for you. I never received an eviction notice nor any other notice stating i will be evicted. I stayed the night at my mom's house one night. The next morning, when i went to my apartment, the locks had been changed. No notice on the door, nothing. And now, almost 7 years later, they contact me about legal action. What is the law on that situation??. Is the tenant allowed to just be evicted with no notice whatsoever??. Are they not required by law to let you know of any eviction??
Gail_in_Georgia
Moderator
In Mississippi the laws are that a landlord/management needs to provide the tenant with a 3-day notice for violations of the lease. For example, if a tenant owes rent, they have 3 days to correct the situation.
If the issue is not remedied in this time period, the next step is for the landlord/management to file for an actual eviction through the local court system. Once this filing is done, the tenant will receive a notice from the court that they've been filed against. They have a certain number of days (these will vary from state to state) to respond to the court about this notice. If they fail to do this the judgement for eviction will go to the landlord. If they answer the court, a hearing will be set up and both sides can argue their case on whether or not the eviction should occur.
Until this judgement has been granted, the landlord CANNOT change locks, toss out the tenants personal property, etc.. If they do this this is considered to be an "illegal" eviction.
Because it costs to file, I suspect that there are some landlords who skip this step and do what your landlord seems to have done; simply gone ahead and changed the locks, hoping that the tenant will not realize this is illegal without a court order that grants the eviction.
You indicated that you received a phone call (not a letter) on December 12 regarding the matter of owed rent. If I were you, I'd do nothing until I received something in writing regarding this matter.
IF what you receive comes directly from the court, it will list when this hearing will take place and you need to be present then to make certain the judge hears that a legal eviction never took place.
As a part-time landlord, I don't like to see tenants skipping out on paying owed rent but I also don't like to hear of landlords doing illegal evictions (and I suspect these occur all too frequently).
Gail
If the issue is not remedied in this time period, the next step is for the landlord/management to file for an actual eviction through the local court system. Once this filing is done, the tenant will receive a notice from the court that they've been filed against. They have a certain number of days (these will vary from state to state) to respond to the court about this notice. If they fail to do this the judgement for eviction will go to the landlord. If they answer the court, a hearing will be set up and both sides can argue their case on whether or not the eviction should occur.
Until this judgement has been granted, the landlord CANNOT change locks, toss out the tenants personal property, etc.. If they do this this is considered to be an "illegal" eviction.
Because it costs to file, I suspect that there are some landlords who skip this step and do what your landlord seems to have done; simply gone ahead and changed the locks, hoping that the tenant will not realize this is illegal without a court order that grants the eviction.
You indicated that you received a phone call (not a letter) on December 12 regarding the matter of owed rent. If I were you, I'd do nothing until I received something in writing regarding this matter.
IF what you receive comes directly from the court, it will list when this hearing will take place and you need to be present then to make certain the judge hears that a legal eviction never took place.
As a part-time landlord, I don't like to see tenants skipping out on paying owed rent but I also don't like to hear of landlords doing illegal evictions (and I suspect these occur all too frequently).
Gail
Gail_in_Georgia
Moderator
One can file a lawsuit for pretty much any money they think they may get. Filing is typically done through the Clerk of Court office and employees are not going to give advice as to whether the Plantiff (the person filing) has the right to file or not.
Again, it would be up to the judge presiding over the hearing to determine who is going to win this case.
Gail
Again, it would be up to the judge presiding over the hearing to determine who is going to win this case.
Gail
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