A: Did the old apartment complex file an eviction and get a money judgment against you or did they sue you after you left and obtain a money judgment? If so, one option is to contact the old apartment complex in an attempt to reach a settlement of the debt. The settlement should require the apartment file a satisfaction of debt once they are paid. A settlement can be either a reduced lump-sum payment or an agreed-upon monthly payment amount. Once you have completed all payments, the apartment complex will file the satisfaction of debt. The fact that you resolved the matter with your old apartment complex will more than likely view favorably for potential landlords.
A: Unfortunately, contacting the law firm and requesting they set aside the debt, may not be enough to prevent a judgment against you. You will need to file an answer within 30 days of being served and the answer should include sufficient defenses. If an answer is not filed within the required timeframe, the credit union can move for a judgment by default. The good news is, if you don’t own real property, it appears you may be judgment proof at this time. Judgment proof simply means you do not have enough assets for a creditor to seize and/or the assets you do have are protected from being seized. If the credit union does obtain a judgment against you, they are unable to garnish your social security income. If your mother passes and leaves you a sum of money and you deposit those funds into your bank account, the funds would be subject to garnishment by the credit union. I suggest you immediately hire an attorney to assist you in responding to the initial complaint and for overall representation on this matter. It will also be helpful to have a conversation with your mother and encourage her to seek legal representation about the best way to transfer her assets to you so that they will be protected from your creditors.
A: Yes, this happens all of the time in the case of car accidents. In most of these cases, police do not witness the actual accident. They must, to the best of their ability, determine the circumstances which caused the accident using their own observations upon arrival, the testimony of the drivers, and the testimony of witnesses (if any). If the police have given you a citation for an infraction they did not witness and you would like to contest the ticket, I strongly suggest you contact and hire a traffic attorney before moving forward.