Sunday, February 13, 2005

My very first lawsuit.

I got a notice in the mail on Friday that a default judgement was entered against me in a Livonia court for $3000. Yes, we all know that Elliot's back and he's not giving up. Now, what kills me the MOST is that this default judgement was based on me not showing up in court. I didn't show up because, technically, I was never served. I got a notice that a certified letter was waiting for me at the post office, but I never went to pick it up. I'm not stupid; I knew damn well what it was. So, officially, I was never served.

But the bigger issue, of course, is that I'm supposed to be untouchable once I filed for bankruptcy. The notice says that I have 7 days to appeal; I'm going to call my lawyer in the morning, and I'm relatively confident that once we provide the court with notice of my (now final) bankruptcy, that will be that. Still, part of me is worried that Elliot found some kind of loophole through which to screw me.

I'll update this blog once I get home tomorrow and let you know what the lawyer says. Wish me luck.

9 comments:

Anonymous said...

I think you should be o.k. but what do I know. Good Luck
Melissa

keesh said...

Well, not to sound like the only person who doesn't have a clue, but who is Elliot?

Renee said...

I'm with Missy... I know jack about law, but I would think you'd be fine and Elliot is just a huge dick. Where's Lisa been? Haven't heard from her in a long time :-)

Anna said...

Scary! It should be OK but I'd like to hear Lisa's take on it. You should call her.

Jen said...

I have a call into Lisa, but I also called the courthouse, too. Basically, I have to file an official motion to dismiss, since there was a default judgement against me (for not showing up in court; I never got a notice, mind you. They said one was tacked to my door, but I'm here to tell you that no, it wasn't). So anyway, because of that, I have to file the motion to dismiss and go into court to explain about the bankruptcy and stuff. Elliot's just doing this to be an ass; he has to know he can't claim any money on this. I explained everything to the court lady and she said, yeah, the court just wasn't informed about my bankruptcy filing (but no shit, of course Elliot wouldn't tell them) and once they have the info they'll dismiss it. I just have to file the motion and go in in person because of the whole default judgement thing; I have to appeal it in person.

I should have known I wasn't done with Elliot that easily. I told Jeff, the day I went to court for the bankruptcy and Elliot didn't show up, that this seemed way too easy and that he had to be up to something.

I'm so mad right now, because it will cost money to file, I have to take off work, not to mention the stress of dealing with Elliot and court and stuff.

Jen said...

Kishelle, Elliot's my old landlord. My "debt" to him (the remainder of my lease, since I had to break the lease since I couldn't afford it anymore and he wouldn't let me out of it) was included in the bankruptcy, but he refuses to accept that he's not getting his money.

Jen said...

PS, I'm not the only one to have problems with him. Go to apartmentratings.com, search for Whispering Woods in Livonia (zip code 48152) and read what other people have to say about him. It's amazing. People are suing him and stuff.

Lisa said...

Okay, I am back - I have been very busy, very busy. But yeah no default judgement can be entered if there is no service so someone lied about there being service and if the bankruptcy is in place there cannot be a default judgement as long as the party was listed in the bankruptcy and it was so Jen should be fine once she goes through all the bs and unfortunately you have to go through it - ask the court jen for your costs of defending this since he knew of the bankruptcy and they might give it to you - no guarantee they will but ask anyway.

Jen said...

I thought about that , Lisa...but so far it's only cost me $20 (to file the motion), and I figure, if I win, $20 to get rid of a $3000 lawsuit is a pretty damn good deal. But yeah, if ELLIOT would have to pay that $20, then maybe I will ask for it. That'd serve him right, the dumbass.