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Me and my ex were sued for replacement of...

Resolved • Response time 16 minutes

28 Jun 2022

Me and my ex were sued for replacement of carpet. I don't beleive the other defendant w(my ex) was ever served any of the paperwork. His name was on everything I received but he never received anything. He did was also not there for the judgement I'm assuming because he was unaware of any of the dates or deadlines for it. How would I go about informing the courts of this error in due process?
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28 Jun 2022

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Lawyer's response
29 Jun 2022
Barrister
Barrister
Attorney/Landlord/Realtor

Hello again and thanks for requesting me.

29 Jun 2022
Lawyer's response
29 Jun 2022
Barrister
Barrister
Attorney/Landlord/Realtor

If ex was never actually served, then he wouldn't be compelled to respond to the lawsuit. So while you can tell the court that he wasn't served, the court is likely already aware of that because they wouldn't have an affidavit of service from a sheriff or process server swearing that they served him. And that wouldn't help you because if the judgment was entered against you, the landlord can pursue you for the payment regardless of whether ex was served or not.

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And it is kind of unlikely that he is going to contact them and object to not being served because he isn't liable for any judgment if he was never served and didn't have to appear in court.

29 Jun 2022
Customer reply
29 Jun 2022
The judgement is in both of our names. I beleive everything has just been sent to my address
29 Jun 2022
Customer reply
29 Jun 2022
The response made to the original summons with an answer had both of our names on it. Everything else that was received was received via mail to my address with both our names on it. However he doesn't live here. With the answer sent in I was required to fill out a form with our addresses and license info.
29 Jun 2022
Customer reply
29 Jun 2022
Everything iv received has both our names but only my address. He was expected in court and was not there. When the server gave my husband the papers he asked for both of us at that time. My husband said I live here and that my ex does not. I'm wondering if it's likely that they assumed we were both served with my address
29 Jun 2022
Lawyer's response
29 Jun 2022
Barrister
Barrister
Attorney/Landlord/Realtor

Ok, then it is up to ex to take any action if he wants to object to having a judgment entered against him without proper due process.  It wouldn't be up to you to object on ex's behalf.

29 Jun 2022
Customer reply
29 Jun 2022
Ok that makes sense. If he was to object would it allow for the case to be redone or would it just remove his name from the judgement
29 Jun 2022
Lawyer's response
29 Jun 2022
Barrister
Barrister
Attorney/Landlord/Realtor

It would result in the judgment being vacated against him only based on a violation of his procedural due process rights.   It wouldn't affect any judgment entered against you.

29 Jun 2022
Customer reply
29 Jun 2022
I would get stuck with paying all of it? Even tho we were on a lease together
29 Jun 2022
Lawyer's response
29 Jun 2022
Barrister
Barrister
Attorney/Landlord/Realtor

Correct, every person named as a defendant in any lawsuit is "jointly and severally liable" for the debt.  So even if the ex was properly served, the landlord can choose to just go after you if they want.  You and ex would both be liable for the entire judgment... not 50% each.

29 Jun 2022
Lawyer's response
29 Jun 2022
Barrister
Barrister
Attorney/Landlord/Realtor

You could then sue ex for half if you can prove that they were responsible for any judgment being entered in the first place.

29 Jun 2022
Customer reply
29 Jun 2022
I don't have an income. But from my understanding they can garnish his wages. Could he then come after me to reimburse for some of it?
29 Jun 2022
Customer reply
29 Jun 2022
If he doesn't vacate the judgement that is
29 Jun 2022
Lawyer's response
29 Jun 2022
Barrister
Barrister
Attorney/Landlord/Realtor

Yes, if he can prove you were responsible along with him for any judgment.

29 Jun 2022
Customer reply
29 Jun 2022
Ok thank you. I beleive that answers my question
29 Jun 2022
Lawyer's response
29 Jun 2022
Barrister
Barrister

You are very welcome. Glad I could help.

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It was my pleasure to work with you and help with your question. If you ever need to reach me in the future, you can post a new question thread on the website with the title "For Barrister” or just add me as a favorite Expert. You'll have the option to do that on your "My Questions” page.

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Have a good evening and be safe!

Barrister

Customer rating:
Barrister
Barrister
Attorney/Landlord/Realtor
Avg. question only $36
21 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 29 yrs
29 Jun 2022
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