Can I motion to vacate a judgement that was processed in error, per a letter I received from the previous property manager?

So about 2 years ago I took a huge pay cut by switching careers. I had just graduated and needed experience. I spoke with the previous property manager who set up a biweekly payment arrangement for my rent. But she told me by protocol if my rent wasn’t paid in full by a certain day of the month she would have to file a court order but as long as the rent was paid before she attended court the case would be dismissed. This happened in Nov of 2017. She didn’t get a hearing until Jan 2018 (she said due to the holidays). By then my rent was paid for November, December and January. She went to court and received a default judgement because I didn’t appear because I thought it would have been dismissed. When I received the letter in the mail I took it to the property manager who stated it was in error. Who ever was in charge of filing the court order over looked my account And didn’t update her files before she attended court. She provided me with a letter stating it was in error and that she was working with the court to rectify the situation.

4 Answers

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  • Anonymous
    6 months ago

    But it wasn't an error.

    You didn't pay as agreed. She sued. You didn't bother to show up. She did and she won.

    If it was an error, why did she go to court? This makes no sense to me.

  • JetDoc
    Lv 7
    6 months ago

    If you want legal advice, go talk to a lawyer.

  • 6 months ago

    yes, you can. you'd have done better to appear at the original hearing ... why didn't you?

    • jackie6 months agoReport

      Because she said it would be dismissed which she had done in previous months so I didn’t see a need. But I was sadly mistaken

  • Anonymous
    6 months ago

    Additional Info:

    I personally didn’t motion the court or appeal because she said she was fixing it. I recently started applying to rental properties because the apartment complex is getting worse by the years and have been constantly declined. The property manager who provided the letter no longer works at my apartment complex and there’s a new manager. When it was bought to my attention by a leasing company that the judgement was still there I bought it to the new property manager attention and showed her the letter, she’s constructed this whole scenario on how it ended up in court and didn’t get dismissed and stated she would not be doing anything to remove the judgement.

    Is the letter I received from the previous property manager enough to have the judgement vacated?

    My rent have been paid on time and some months in advance for the last 8 months after gaining new employment.

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