evicted/did not sign lease/sued/garnishing checking acct

[darcimahon]

SO MUCH TO TELL, YET I SOMETIMES DONT KNOW WHERE TO START. LET ME START BY TELLING WHERE I AM AT NOW. I JUST FOUND OUT MY CHECKING ACCOUNT HAS A LIEN ON IT FOR A JUDGEMENT FOR THE LANDLORDS. NOW I SHOULD NOT SAY LANDLORD, BECAUSE I DID NOT SIGN THE LEASE, MY BOYFRIEND TOOK FULL RESPONSIBILITY FOR THE RENT, I PAID THE ELECTRIC, FOOD, CABLE, PHONE, CELL, ETC. WE LIVED UPSTAIRS IN A DUPLEX, AND MY PARENTS LIVED DOWNSTAIRS. NEW OWNERS TOOK OVER IN 1999. THIS IS A RENTAL! THE NEW OWNER CAME OVER AND SAID NOT TO HIT HIM HARD WITH FIXING THINGS. WE TOLD HIM ABOUT THE WATER LEAKS, WHEN WE WOULD SHOWER IT WOULD FLOOD MY DADS BATHROOM DOWNSTAIRS, AND MY MOMS HALF BATH. WE KEPT TELLING THE LANDLORD ABOUT THE LEAKS BUT HE DID NOTHING. HE HAS STILL DONE NOTHING. HE WOULD NOT FIX ANYTHING, SCREENS, LOOSE FLOOR BOARDS ON THE LANAI, JUST GENERAL THINGS TENANTS NEED TO FUNCTION. WE FOUND BLACK MOLD IN MY SONS ROOM ONE DAY IT WAS AWFUL. IT WAS HIDDEN BEHIND HIS BUNKBED. I TOOK PICTURES, AND DECIDED IT WAS THE FINAL STRAW. I WAS TIRED OF ASKING HIM TO FIX THINGS, AND SHOWING HIM THINGS, AND GETTING NO RESPONSE. SO I SENT A CERTIFIED LETTER WITH ALL THE THINGS LISTED THAT NEEDED FIX, BUT THE MAIN THING THAT WORRIED ME WAS THE MOLD. I ASKED THEM IF WE COULD TEST? THEY RECEIVED THE LETTER ON OCTOBER 9TH, AND MY BOYFRIEND WAS SUMMONS ON OCTOBER 14TH FOR EVICTION. OKAY HERES THE THING. I NEVER RECEIVED A SUMMONS, MY BOYFRIEND REFUSED TO SIGN AND ACCEPT MINE. I WAS IN VEGAS! THE COPY OF THE SUMMONS SAID NO SIGNATURE FOR MY SUMMONS, AND THEY SAID THEY LEFT IT WITH MY BOYFRIEND. IN COURT MY BOYFRIEND SAID I WAS NOT ON THE LEASE AND NOT RESPONSIBLE, AND IN VEGAS AND THE JUDGE EVEN SAID I DID NOT NEED TO BE THERE BECAUSE I WAS NOT ON THE LEASE. BUT IN COURT I WAS IN DEFAULT. THEY SUED ME AS WELL. THEY ARE SUING FOR BACK RENT THEY SAY. BUT HERE IS ANOTHER KICKER, I DID NOT SIGN THE LEASE, IT WAS MONTH TO MONTH AND ONLY BY BOYFRIEND SIGNED THE LEASE. I WAS NOT EVEN PRESENT WHEN THE LANDLORD/OWNER MADE THE MONTH TO MONTH LEASE WITH MY BOYFRIEND. I WAS NOT SENT ANY INFORMATION ABOUT THE COURT DATE, NO COPIES ETC. I WENT TO THE COURT HOUSE AND ASKED FOR THE CASE DOCUMENTS AND MADE COPIES OF LEGAL PAPERS FILED IN COURT AGAINST ME, BUT THESE PAPERS WERE SENT TO AN ADDRESS THAT WAS NOT REGISTERED IN MY NAME. IF I HAD RECEIVED THIS INFORMATION, I WOULD HAVE BEEN ON THE PHONE, WRITING LETTERS, SHOWING UP IN COURT, TO STATE MY CASE. NOW I AM IN DEFAULT FOR JUDGEMENT. I AM GOING TO COUNTER SUE FOR DISTRESS, AND MY 5TH AMMENDMENT RIGHTS WERE VIOLATED. ALSO I AM HOPING TO SHOW PICTURES IN COURT OF THE MOLD, AND ALL THE OTHER THINGS THAT NEEDED FIXED FOR 4-5 YEARS. IT IS SAD BECAUSE MY PARENTS DID NOT SEND A LETTER TO THE OWNER BECAUSE THEY GET ALONG PRETTY WELL, MY PARENTS THOUGHT IF THEY COMPLAINED TO MUCH HE WOULD RAISE THE RENT. THE OWNERS SOLD THE HOUSE AND I BELIEVE IT CLOSES ON THE 15TH OF MAY. I JUST HOPE THEY DISCLOSED THE MOLD PROBLEMS AND THE INTERNAL LEAKS TO THE NEW OWNERS. THEY HAVE NOT RENTED OUT THE UPSTAIRS WHERE WE USE TO LIVE SINCE WE WERE EVICTED IN OCTOBER. THEY MADE IT REALLY NICE AND PAINTED OVER THE MOLD. OH YEAH ONE MORE THING, THE OWNERAND HIS REALTOR DID COME TO THE HOUSE AND CHECKED THE MOLD, AND SAID IT WAS ONLY MILDEW, AND CLEANED IT WITH CLOROX. THE HOUSE WAS UP FOR SALE AT THE TIME. I SENT THE PICTURES TO A HEALTH INSPECTOR AND HE SAID IT WAS BLACK MOLD, THE WORSE FORM. ANOTHER THING, MY MOM HAD THE AMBULANCE COME TWICE TO THE HOUSE BECAUSE SHE COULD NOT BREATH, AND WHEN EVER SHE GET SORES THEY GET REALLY BAD, IT LOOKS LIKE SKIN EATING DISEASE, SHE GOES TO THE DOCTORS AND THEY GIVE HER ANTIBIOTICS. MY DAD HAS HAD HEART PROBLEMS AND TWO HEART ATTACKS, WHEN I LIVED UPSTAIRS I WAS TREATED FOR BRONCHITTUS, AND MY EAR WAS BEING EATEN AT, CRUSTY, SORE, PUSS COMING OUT OF IT, ALSO TREATED FOR DEPRESSION. MY SON WAS TREATED FOR A SORE THAT GOT REALLY BAD LIKE MY MOMS DID, AND HE WAS ALWAYS ORNERY, TIRED, MOODY, TEACHERS COMPLAINING, CALLING ME ETC. I TOOK HIM IN TO THE DOCTORS AND THEY PUT HIM ON MEDICATION. NOW AFTER FINDING THE MOLD, I AM WONDERING IF MOLD WAS THE CAUSE OF THIS. THE MOLD WAS SO BAD IT WAS EATING AT THE DRYWALL, AND THE CARPET. IT LOOKED LIKE TOBACCO INSIDE THE WALLS. IT WAS GROSS. I TOOK MY SON OUT OF THE ROOM AND HE SLEPT IN OUR ROOM FOR A MONTH OR SO, THEY WE WERE EVICITED. I BELIEVE IT WAS GODS DOING! I AM GOING TO FIGHT THIS, ONCE THE HOUSE CLOSES I AM GOING TO ASK FOR A COPY OF THE DISCLOSURE LETTER FROM THE OWNERS TO SEE IF THEY DISCLOSED THE MOLD TO THE NEW OWNERS. MY PARENTS ARE GOING TO BE TENANTS OF THE NEW OWNERS, AND THEY FOUND BLACK MOLD ALONG THE BOTTOM OF THE BATHROOM WALL, IT IS REALLY GROSS. I AM REALLY SCARED FOR MY PARENTS, THEY ARE 62 AND HAVE LIVED THERE FOR 12 YEARS. MAUI RENTALS ARE HARD TO COME BY AND VERY EXPENSIVE, I FEEL THEY ARE AFAID THEY WONT FIND A PLACE THEY CAN AFFORD SO THEY STAY QUIET. FOR YEARS THEY COMPLAIN ABOUT NOT FEELING GOOD, NO ENERGY, THEY JUST THINK ITS THE WATER. THEY DONT REALIZE HOW BAD THE MOLD IS, THE CEILING IS CRACKING AND IN MY DADS BATHROOM THE CEILING FEELS LIKE MUSH, IT IS GOING TO CAVE IN AT ANY MOMENT. HIS BATHROOM IS RIGHT BELOW MY SONS ROOM. IF ANYONE CAN ENLIGHTEN ME ABOUT THIS CASE, OR IF SOMEONE CAN GUIDE ME IN THE RIGHT DIRECTION HOW TO TACKLE THIS SITUATION IT WOULD BE MUCH APPRECIATED. ALOHA, DARCI MAHON

 

[Michael Wechsler]

I'm not sure I understand something and that is how a judgment was obtained against you if you were not a party to the lease. Do understand that if you were not a party to the lease and cannot be sued then you also are not the appropriate party to have made demands upon the landlord.

You will likely have to bring an "order to show cause" which will explain why the case that was ruled against you by default was a mistake, why you have a reasonable chance to prevail on the original merits, and why you did not appear. It seems likely that you will be able to prevail to have your day in court although it doesn't mean you will ultimately win. You will also want to take a look at what basis the court made for its ruling that you were responsible.

It appears that there was a month to month lease. I'm not sure what the agreement was, how much was in writing, and whether you might be on the hook as a tenant in the apartment. The court will not look kindly upon the fact that the two of you were living there and there was no payment to the landlord. Did you not know that your boyfriend was behind on the rent? Was the supposed lease set up so that you could be insulated from liability?

There are a number of things that are open and I don't know what your chance of success is. Regarding the sorry condition of the house, it is likely to be seen as "sour grapes" at this point and that if conditions were so bad you could have moved elsewhere. Instead you chose not to pay the rent at all. You may want to bring this up as a reason that the rent should have been abated and why you should have been able to have your day in court but again, this seems to be a long, difficult battle with marginal results. It may be worth doing the order to show cause and if you are successful, seeing what you can negotiate with the landlord. You did live in the house and probably should pay something and by settling you will still get the better of the deal although in difficult fashion.

Originally posted by darcimahon
SO MUCH TO TELL, YET I SOMETIMES DONT KNOW WHERE TO START. LET ME START BY TELLING WHERE I AM AT NOW. I JUST FOUND OUT MY CHECKING ACCOUNT HAS A LIEN ON IT FOR A JUDGEMENT FOR THE LANDLORDS. NOW I SHOULD NOT SAY LANDLORD, BECAUSE I DID NOT SIGN THE LEASE, MY BOYFRIEND TOOK FULL RESPONSIBILITY FOR THE RENT, I PAID THE ELECTRIC, FOOD, CABLE, PHONE, CELL, ETC. WE LIVED UPSTAIRS IN A DUPLEX, AND MY PARENTS LIVED DOWNSTAIRS. NEW OWNERS TOOK OVER IN 1999. THIS IS A RENTAL! THE NEW OWNER CAME OVER AND SAID NOT TO HIT HIM HARD WITH FIXING THINGS. WE TOLD HIM ABOUT THE WATER LEAKS, WHEN WE WOULD SHOWER IT WOULD FLOOD MY DADS BATHROOM DOWNSTAIRS, AND MY MOMS HALF BATH. WE KEPT TELLING THE LANDLORD ABOUT THE LEAKS BUT HE DID NOTHING. HE HAS STILL DONE NOTHING. HE WOULD NOT FIX ANYTHING, SCREENS, LOOSE FLOOR BOARDS ON THE LANAI, JUST GENERAL THINGS TENANTS NEED TO FUNCTION. WE FOUND BLACK MOLD IN MY SONS ROOM ONE DAY IT WAS AWFUL. IT WAS HIDDEN BEHIND HIS BUNKBED. I TOOK PICTURES, AND DECIDED IT WAS THE FINAL STRAW. I WAS TIRED OF ASKING HIM TO FIX THINGS, AND SHOWING HIM THINGS, AND GETTING NO RESPONSE. SO I SENT A CERTIFIED LETTER WITH ALL THE THINGS LISTED THAT NEEDED FIX, BUT THE MAIN THING THAT WORRIED ME WAS THE MOLD. I ASKED THEM IF WE COULD TEST? THEY RECEIVED THE LETTER ON OCTOBER 9TH, AND MY BOYFRIEND WAS SUMMONS ON OCTOBER 14TH FOR EVICTION. OKAY HERES THE THING. I NEVER RECEIVED A SUMMONS, MY BOYFRIEND REFUSED TO SIGN AND ACCEPT MINE. I WAS IN VEGAS! THE COPY OF THE SUMMONS SAID NO SIGNATURE FOR MY SUMMONS, AND THEY SAID THEY LEFT IT WITH MY BOYFRIEND. IN COURT MY BOYFRIEND SAID I WAS NOT ON THE LEASE AND NOT RESPONSIBLE, AND IN VEGAS AND THE JUDGE EVEN SAID I DID NOT NEED TO BE THERE BECAUSE I WAS NOT ON THE LEASE. BUT IN COURT I WAS IN DEFAULT. THEY SUED ME AS WELL. THEY ARE SUING FOR BACK RENT THEY SAY. BUT HERE IS ANOTHER KICKER, I DID NOT SIGN THE LEASE, IT WAS MONTH TO MONTH AND ONLY BY BOYFRIEND SIGNED THE LEASE. I WAS NOT EVEN PRESENT WHEN THE LANDLORD/OWNER MADE THE MONTH TO MONTH LEASE WITH MY BOYFRIEND. I WAS NOT SENT ANY INFORMATION ABOUT THE COURT DATE, NO COPIES ETC. I WENT TO THE COURT HOUSE AND ASKED FOR THE CASE DOCUMENTS AND MADE COPIES OF LEGAL PAPERS FILED IN COURT AGAINST ME, BUT THESE PAPERS WERE SENT TO AN ADDRESS THAT WAS NOT REGISTERED IN MY NAME. IF I HAD RECEIVED THIS INFORMATION, I WOULD HAVE BEEN ON THE PHONE, WRITING LETTERS, SHOWING UP IN COURT, TO STATE MY CASE. NOW I AM IN DEFAULT FOR JUDGEMENT. I AM GOING TO COUNTER SUE FOR DISTRESS, AND MY 5TH AMMENDMENT RIGHTS WERE VIOLATED. ALSO I AM HOPING TO SHOW PICTURES IN COURT OF THE MOLD, AND ALL THE OTHER THINGS THAT NEEDED FIXED FOR 4-5 YEARS. IT IS SAD BECAUSE MY PARENTS DID NOT SEND A LETTER TO THE OWNER BECAUSE THEY GET ALONG PRETTY WELL, MY PARENTS THOUGHT IF THEY COMPLAINED TO MUCH HE WOULD RAISE THE RENT. THE OWNERS SOLD THE HOUSE AND I BELIEVE IT CLOSES ON THE 15TH OF MAY. I JUST HOPE THEY DISCLOSED THE MOLD PROBLEMS AND THE INTERNAL LEAKS TO THE NEW OWNERS. THEY HAVE NOT RENTED OUT THE UPSTAIRS WHERE WE USE TO LIVE SINCE WE WERE EVICTED IN OCTOBER. THEY MADE IT REALLY NICE AND PAINTED OVER THE MOLD. OH YEAH ONE MORE THING, THE OWNERAND HIS REALTOR DID COME TO THE HOUSE AND CHECKED THE MOLD, AND SAID IT WAS ONLY MILDEW, AND CLEANED IT WITH CLOROX. THE HOUSE WAS UP FOR SALE AT THE TIME. I SENT THE PICTURES TO A HEALTH INSPECTOR AND HE SAID IT WAS BLACK MOLD, THE WORSE FORM. ANOTHER THING, MY MOM HAD THE AMBULANCE COME TWICE TO THE HOUSE BECAUSE SHE COULD NOT BREATH, AND WHEN EVER SHE GET SORES THEY GET REALLY BAD, IT LOOKS LIKE SKIN EATING DISEASE, SHE GOES TO THE DOCTORS AND THEY GIVE HER ANTIBIOTICS. MY DAD HAS HAD HEART PROBLEMS AND TWO HEART ATTACKS, WHEN I LIVED UPSTAIRS I WAS TREATED FOR BRONCHITTUS, AND MY EAR WAS BEING EATEN AT, CRUSTY, SORE, PUSS COMING OUT OF IT, ALSO TREATED FOR DEPRESSION. MY SON WAS TREATED FOR A SORE THAT GOT REALLY BAD LIKE MY MOMS DID, AND HE WAS ALWAYS ORNERY, TIRED, MOODY, TEACHERS COMPLAINING, CALLING ME ETC. I TOOK HIM IN TO THE DOCTORS AND THEY PUT HIM ON MEDICATION. NOW AFTER FINDING THE MOLD, I AM WONDERING IF MOLD WAS THE CAUSE OF THIS. THE MOLD WAS SO BAD IT WAS EATING AT THE DRYWALL, AND THE CARPET. IT LOOKED LIKE TOBACCO INSIDE THE WALLS. IT WAS GROSS. I TOOK MY SON OUT OF THE ROOM AND HE SLEPT IN OUR ROOM FOR A MONTH OR SO, THEY WE WERE EVICITED. I BELIEVE IT WAS GODS DOING! I AM GOING TO FIGHT THIS, ONCE THE HOUSE CLOSES I AM GOING TO ASK FOR A COPY OF THE DISCLOSURE LETTER FROM THE OWNERS TO SEE IF THEY DISCLOSED THE MOLD TO THE NEW OWNERS. MY PARENTS ARE GOING TO BE TENANTS OF THE NEW OWNERS, AND THEY FOUND BLACK MOLD ALONG THE BOTTOM OF THE BATHROOM WALL, IT IS REALLY GROSS. I AM REALLY SCARED FOR MY PARENTS, THEY ARE 62 AND HAVE LIVED THERE FOR 12 YEARS. MAUI RENTALS ARE HARD TO COME BY AND VERY EXPENSIVE, I FEEL THEY ARE AFAID THEY WONT FIND A PLACE THEY CAN AFFORD SO THEY STAY QUIET. FOR YEARS THEY COMPLAIN ABOUT NOT FEELING GOOD, NO ENERGY, THEY JUST THINK ITS THE WATER. THEY DONT REALIZE HOW BAD THE MOLD IS, THE CEILING IS CRACKING AND IN MY DADS BATHROOM THE CEILING FEELS LIKE MUSH, IT IS GOING TO CAVE IN AT ANY MOMENT. HIS BATHROOM IS RIGHT BELOW MY SONS ROOM. IF ANYONE CAN ENLIGHTEN ME ABOUT THIS CASE, OR IF SOMEONE CAN GUIDE ME IN THE RIGHT DIRECTION HOW TO TACKLE THIS SITUATION IT WOULD BE MUCH APPRECIATED. ALOHA, DARCI MAHON

 

[darcimahon]

THANK YOU FOR YOUR REPLY, I WAS NOT AWARE HE WAS 6 MONTHS BEHIND IN RENT. WHEN I FOUND OUT I HAD A LIEN ON MY CHECKING ACCOUNT I WENT TO THE COURT HOUSE AND MADE COPIES OF THE COURT CASE. THAT IS WHEN I SEEN THE PLANTIFFS ADVIDAVIT DISCLOSING RENT WAS NOT RECEIVED SINCE MARCH OF 2003. I WAS IN COMPLETE SHOCK. MY BOYFRIEND HAD A WRITTEN AGREEMENT WITH THE LANDLORD CONCERNING RENT. I DID NOT WANT TO BE ON THE LEASE IN CASE WE BROKE UP ETC. I WAS NOT EVEN PRESENT WHEN THE MONTH TO MONTH LEASE WAS SIGNED BY BOYFRIEND. I WAS KEPT IN THE DARK ABOUT THE RENT. IF I WAS HELD RESPONSIBLE WHY DIDNT THE LANDLORD LET ME KNOW HE WAS SO FAR BEHIND. ALSO I HAVE NEVER BEEN SUED OR IN A LANDLORD/TENANT SITUATION BEFORE, SO I REALLY DID NOT KNOW MY RIGHTS OR DUTIES. MY AGREEMENT WAS WITH MY BOYFRIEND ON WHAT MY OBLIGATIONS WERE IN THE HOME, AND THAT WAS UTILITIES, GROCERIES, ETC. I AM GOING OVER TO THE COURT HOUSE TODAY TO FILE A MOTION TO VACATE JUDGEMENT AND SEE IF I CAN REOPEN THE CASE. THIS IS JUST NOT RIGHT. I CANT SUE SOMEONE FOR NOT MAKING MY CAR PAYMENT, IF HIS NAME IS NOT ON THE AGREEMENT TO MAKE PAYMENTS. THANK YOU FOR YOUR HELP! I APPRECIATE IT.

 

[freebird]

Let is know how you make out. Remember -- be consistent with your argument in your motion to vacate. You must state reasons why you believe you would win. Your points are, if I can see:

1) I was not on the lease and cannot be charged
2) I was never given any required notices
3) For the above reasons, not only should I win on the merits as I was not a party to the lease but if I am being charged as a tenant then I had the right to notice so as to be able to avoid all the charges that have been brought against me on default.

Additionally, you must state clearly why you didn't appear. You can say that you never received notice. You were never served and never provided notice by your boyfriend.

BTW, are you still seeing him?

Originally posted by darcimahon
THANK YOU FOR YOUR REPLY, I WAS NOT AWARE HE WAS 6 MONTHS BEHIND IN RENT. WHEN I FOUND OUT I HAD A LIEN ON MY CHECKING ACCOUNT I WENT TO THE COURT HOUSE AND MADE COPIES OF THE COURT CASE. THAT IS WHEN I SEEN THE PLANTIFFS ADVIDAVIT DISCLOSING RENT WAS NOT RECEIVED SINCE MARCH OF 2003. I WAS IN COMPLETE SHOCK. MY BOYFRIEND HAD A WRITTEN AGREEMENT WITH THE LANDLORD CONCERNING RENT. I DID NOT WANT TO BE ON THE LEASE IN CASE WE BROKE UP ETC. I WAS NOT EVEN PRESENT WHEN THE MONTH TO MONTH LEASE WAS SIGNED BY BOYFRIEND. I WAS KEPT IN THE DARK ABOUT THE RENT. IF I WAS HELD RESPONSIBLE WHY DIDNT THE LANDLORD LET ME KNOW HE WAS SO FAR BEHIND. ALSO I HAVE NEVER BEEN SUED OR IN A LANDLORD/TENANT SITUATION BEFORE, SO I REALLY DID NOT KNOW MY RIGHTS OR DUTIES. MY AGREEMENT WAS WITH MY BOYFRIEND ON WHAT MY OBLIGATIONS WERE IN THE HOME, AND THAT WAS UTILITIES, GROCERIES, ETC. I AM GOING OVER TO THE COURT HOUSE TODAY TO FILE A MOTION TO VACATE JUDGEMENT AND SEE IF I CAN REOPEN THE CASE. THIS IS JUST NOT RIGHT. I CANT SUE SOMEONE FOR NOT MAKING MY CAR PAYMENT, IF HIS NAME IS NOT ON THE AGREEMENT TO MAKE PAYMENTS. THANK YOU FOR YOUR HELP! I APPRECIATE IT.

 

[darcimahon]

went to garnishment summons

Thank you for your points, I will use those points in court. On Thursday I went to The Court House to Do the Proper filing for the Motion to Vacate Judgment. Two certain persons were so helpful but just as confused when looking at the copies I made of the case. One girl who gave me the Motion to Vacate Paper she helped me fill them out, and could not understand why some documents are stamped Denied when the Plantiffs Att, tried to get the judgment against me pushed thru. Someone at the Court House has denied him twice, it also has an attacment why it was denied dated in Febuary, checked under Other, "Court entered judgment against both defendants; the separate judgment by default against Darci Mahon would be confusing and is Unnecessary". She also made out a copy of the Index/Docket sheet and hightlighted A Judgment that was missing from the case telling me to go and ask the Filing Clerk to get a copy of the Original Judgment stamped and certified by the state! This Document was stamped Denied. So this other woman, bless her heart was so helpful, she made a call to the Court house here in my town, Where the Hearing was and They were just as confused. She called and asked for them to make the copy of the original Judgment for me with the State Stamp Cerified. So then she hung up the phone and says to me " dear you are not being sued, it looks as if the judge denied them the judgment against you" So I said " so How are they garnishing" She Said " good Question" and she picked up the phone again and called the Court house here in my town again and The Clerk could not understand how they passed the Lien on my checking account. So he said he would bring it up to the judge tomorrow at the Garnishing Summons. I asked the Clerks at the court house if I had to be at the Garnishing Summon, they said no, but I showed up anyhow. Told the Lady who checks for the names and told here I was just there to observe to see what the Banks say because they told me I did not need to be there. So They call my case and She calls me up in front of the Judge, I was not ready at all to stand in front of the judge. The Judge started off by lectuing me on the Paper Work I turned in the day prior at the main court house telling me They Cant do anything Until I get a Hearing Date. At This point I was Already Confused and not Mentally ready to Face the Judge. I tried to explain that The Main Court house told me they would call me in a few days after filing the case issuing me a Hearing date, then I would have to come and pick up the Motions and send them to the Proper People. The judge said they should of gave me a hearing date there, and I could see he was confused. I guess the Department is undergoing changes on who handles what. So they gave me a hearing date there, and the Judge said he would not let them furthur garnish money until the Hearing date. That was a relief because I was afraid to put money in my checking account, and I had to pay my bills, so It was frustrating on my part. I am also trying to get my business going, I need a merchant account for Credit/Card debit transactions, just prior to getting notice of the lien, I had called the company thru my bank to get an application, and never followed thru because the next day I was told by the tellers about the lien. I am so stressed out, I spend hours on the computer teaching myself about what do do, learning as much as I can. I have lost a certain amount of trust with my boyfriend, and I am very angry at him for putting me in this situation. I dont think he realized that by keeping this information from me he was making this a bigger mess on my part. He tells me that He did not tell me, because I was not legally on the lease, and they had no right to sue me. He also said the Plantiffs Att told him I was not a part to this because I was not on the lease. In Court He told the judge I was not on the lease and He was taking full responsibility and he made an agreement to sign a stipulated agreement. He said after court he was getting papers with my name attached, and he would call the Plantiffs Att and tell him why is her name on these papers, and he would tell my boyfriend I was responsible too, My boyfiend would get angry and tell him over and over He wanted my name off, telling him this has nothing to do with her. I also have a letter here sent to My BF in both of our names stating that whether or not I am liable, the Letter states since I did not enter into a stipulated agreement The judment can only be agaisnt him. My BF thought I was in the clear. See all of this is coming out now, I made him give me every single of imformation sent to him and I have been reading and trying to make sense of it all. Within 2 weeks I have learned so much. There is a reason why I am going thru this, A learning process in deed, a very frustrating process. But There is a lesson to be learned that is for sure. Thank you again for taking the time to help me. I went to a lawyer the day after I learned of the lien, and told him everything I told you and his response was " your in default" " you did not show up in court" you have lost all of your rights" I told him the truth, and he tells me to sue my boyfriend. He also said my truth was not a good enough excuse. I was not going to lie! Is that what he was trying to tell me, I need to find a better excuse than " I just did not know!" That hour cost me 200.00. He said He could try to help me, but it would cost me 1500.00 and he was not sure I was going to win. So I left there and told myself I will teach myself and see what I can do on my own. As Far as the Hearing I would like to hire a lawyer, but I cant afford one! Legal Aid here On maui Dont handle Civil Cases. If I was confident I would have the case Vacated I would hire the best. But that is something I am not sure of. No one is I guess! Thank you so much for your advice and I will keep you posted on what happens next! Aloha