State Bulldogs Ladies
State Bulldogs Ladies
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can creditors take my only house and car?? live in texas?
this apartment complex says i own them a little under 10k for rent since i ended the contract 10 months early out of a 1 yr contract. i paid a pet deposit for my dog and the mgmt. gave me problems stating my dog exceeded the weight limit(he's a medium size dog) ive seen an english bulldog, pit bulls, labs,and a great dane in my complex.and every morning i see the manager talk to this old lady that always walks her lab(her dog is bigger than mine) so i dont know why she was constantly picking on me. she sent me a letter stating that she would charge me $100 everyday until the dog was gone. so i packed all my stuff and dropped the keys into the box. im pretty sure she rented the apt out within the 10 months left in my contract and up until then she kept my deposit and i paid for every month that i lived there. my question is can they take my one house and one car. i heard they cant unless you have multiple homes and cars?
In order to take your property first they need a judgment. This would give you the right to fight them as to what you owe them.
then if they did get a judgment on you there next step is to try to find you to collect it! easier said then done. the next step would be to court order a disclosure of assets from you if they can find you to seize your assets. all this requires a lot of work on the creditors part. They can garnish your wages and place a lien on your home at that point which would not make you homeless but...
It would make selling the home or refinancing impossible without paying them off. The seizure of vehicles usually doesn't happen because they don't want to assume your car loan. Often times older cars are not sought after because they just don't generate much money. I would say if you are leveraged out already you have little to fear except the garnishment of wages. That is if they know where you are living so they can actually serve you to get you to fill out a disclosure of employment and assets.
This all said they do need to prove they made an effort to rent the apartment out in court. If they came to the judge and said the apartment was vacant all 10 months I doubt the court would give them 10 months rent. The damages would probably be awarded to the landlord though of at least one to 2 months rent and your deposit. If they come for damages they must show you did the damages on the apt. Condition report you signed upon entry is the document usually used to verify damages. If this document is missing then the landlord is never going to collect damages if you have a decent attorney.
The lease is a contract that is enforceable and if you broke the contract by allowing the pet in the apartment after you rented the apartment then its your fault how ever a good attorney will try to make your point in court why did there management knowingly let you have keys to move in if the dog wasn't agreeable to there standards? This will probably greatly reduce your liability in the requirement to pay all ten months of the contract. Part of contract law is implied with actions. Landlords management by allowing you into the property with the dog they actually violated there own rules and maybe even voided the rule in the contract. States and judges will vary on this ruling. So this is really not a definite case that the landlord would win hands down. I have been a landlord for 17 years and have seen plenty of court time in evictions and money actions before I gave it up to my managers. I am a landlord and even I think this landlord is a greedy sob. I don't see a judge giving him 10 months rent. lol
I highly doubt it and if it happens I'm moving to Texas to buy rental property!!!
I would definitely call an attorney!


US $21.95


































