Unlawful Detainer filed by Previous Landlord, Property Management Company and their Attorney. I moved at my own will prior first Notice of their intent to evict me removing cause or legal ground for UD. Landlord claims I moved out of unit 10/31/2012. Property Management in a email I received today, admit Landlord posted at my door 24 Pay or quit notice 10/30/2012 and Landlord believes I vacated 10/31/2012 following the notice. Attorney for Property Management company, filed "entry for default Judgement " THE SAME DAY 10/30/2012 proven in the case file, never dismissing it I found out about this 2 weeks ago, which now it's effecting my credit and believe they have done this to others who don't now how to fight it.
Report it to your lawyer. If you don't have one, you may need one to begin cleaning this up.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
No, this would not likely constitute a crime under the Penal Code. Rather, it is a civil dispute, and you would need a civil litigation attorney if you wish to recover monetary damages resulting from abuse of process.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.