In Sept 2006 my husband and I filled out an application for an apartment. In Oct my husband signed the lease and took possession of the apartment. However we seperated soon after. I never signed the lease and in Aug 07 he was evicted. I recently pulled my credit report and saw that there was a judgement in my name for the complex. When I contacted the lawyer I asked them for a copy of the lease and wanted to know how it was possible to be a judgement made against me when I never signed a lease. I have contacted the apartment complex and the new manager said he should have had to do a new application but things weren't done right then. So no one can show me the lease with my signautre. Yet I can't them to release my name from the judgement. What can I do. The lawyers office for the complex told me if I showed a copy of the lease without my signature they could take it off. But I wouldn't have a copy because I never signed one. Now no one can find one either.
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Never signed a lease
- Thread Starter tired_757
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You might want to do a few things.
Preliminary - try to get a copy of the application for the apartment complex to see what you signed.
(1) Send a letter to the lawyer and landlord, via a certified method, stating that per your conversation with the lawyer, the lawyer is aware that you were never a party to the lease signed with the landlord. The judgment was obtained via fraud and misrepresentation. Should you need to get an order to show cause you will also be raising this issue with the state bar.
(2) If you don't get your release you should file an "order to show cause" with the court where there is a judgment. The clerk can help you. It is simply a way for you to petition the court for them to look at why a case was decided incorrectly. If you "defaulted" then you need to explain why you didn't appear and why you should win the case. Your answers are simple (a) you weren't served or some other reason why you didn't appear, and more importantly, (b) per your own conversation with the laywer and the landlord, you were never on the lease for the apartment complex. All you did was fill out an application to live there and your ex-husband lived there. I'm assuming all the things I wrote are a summary of what happened but you must tell the truth about the events.
Good luck.
Preliminary - try to get a copy of the application for the apartment complex to see what you signed.
(1) Send a letter to the lawyer and landlord, via a certified method, stating that per your conversation with the lawyer, the lawyer is aware that you were never a party to the lease signed with the landlord. The judgment was obtained via fraud and misrepresentation. Should you need to get an order to show cause you will also be raising this issue with the state bar.
(2) If you don't get your release you should file an "order to show cause" with the court where there is a judgment. The clerk can help you. It is simply a way for you to petition the court for them to look at why a case was decided incorrectly. If you "defaulted" then you need to explain why you didn't appear and why you should win the case. Your answers are simple (a) you weren't served or some other reason why you didn't appear, and more importantly, (b) per your own conversation with the laywer and the landlord, you were never on the lease for the apartment complex. All you did was fill out an application to live there and your ex-husband lived there. I'm assuming all the things I wrote are a summary of what happened but you must tell the truth about the events.
Good luck.
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