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Thanks for the very informative responses everyone. I really appreciate it.
For some more information, the RE company has stated they would not represent me in court or be cooperative in anyway. They DO have my parent's address, which is my old home address, and neither me nor my parents were ever served or made aware of the court date outside of the phone call yesterday.
I do have some great news, however. I received a call from the RE company when I was in a meeting about an hour ago, and they stated that my roommate's father called them and was in the process of or did send a cashier's check to them (would have to listen again to clarify). Either way, they stated they consider the matter resolved.
I'm incredibly relieved and feel somewhat vindicated - but here is what I was planning on doing next: In order to potentially recover the $600 I paid to them and the $400 security deposit they kept, I was planning to call the RE company inquiring about how much that my roommate's father paid them (as my roommate was not aware I paid - and perhaps the RE company collected the full amount from them even after I paid half). From there, I could attempt to recollect the $600 from the RE company if they overcollected on the payment (and would not say anything unless pressured).
If my roommates father only paid half to fulfill the remaining balance, he would then be aware that I paid half. If they do not come to me about remedying the balance I should not have had to pay, then I could go to them one last time asking they pay me back for costs that ultimately were their responsibility.
It's somewhat of a longshot, but I figure it's worth a shot given it's $600-$1000 I could be repaid.
For future reference, you can usually file a request with the court to appear via the telephone. If the court finds there is reasonable justification for a telephone appearance--the most common reason is that the person in question lives out of state--you wouldn't have to travel to the court. They just use a speakerphone.
You can also usually file a Motion for Continuance, which allows you to request the court date be postponed, and usually request that it be rescheduled for specific dates, which would allow you to make travel arrangements to appear in person.
Many of these requests can be found on the internet these days, although of course you need to figure out what the name of the court is (Office of Administrative Hearings, Housing Court, Etc.) and go to their website.
I don't think not appearing would ever be a wise move for anyone. It gives the opponent an automatic win.
Will this be a black mark on his credit record and should he try to get the judgment vacated or is it too late?
Yes, a judgment will stay on a credit report for 10 years, not 7 like most debts. This is so even when paid. It is akin to defaulting on a credit card and then paying up later; the mark will still be there but should update as satisfied.
This is why it is imperative to prevent a judgment from being entered against you in the first place. Once it is on, you can't get it off even after you pay. Your only hope for removal is to request validation of the judgment through the credit reporting agency and pray that the company that has a judgment against you doesn't respond.
Thanks for the very informative responses everyone. I really appreciate it.
For some more information, the RE company has stated they would not represent me in court or be cooperative in anyway. They DO have my parent's address, which is my old home address, and neither me nor my parents were ever served or made aware of the court date outside of the phone call yesterday.
I do have some great news, however. I received a call from the RE company when I was in a meeting about an hour ago, and they stated that my roommate's father called them and was in the process of or did send a cashier's check to them (would have to listen again to clarify). Either way, they stated they consider the matter resolved.
I'm incredibly relieved and feel somewhat vindicated - but here is what I was planning on doing next: In order to potentially recover the $600 I paid to them and the $400 security deposit they kept, I was planning to call the RE company inquiring about how much that my roommate's father paid them (as my roommate was not aware I paid - and perhaps the RE company collected the full amount from them even after I paid half). From there, I could attempt to recollect the $600 from the RE company if they overcollected on the payment (and would not say anything unless pressured).
If my roommates father only paid half to fulfill the remaining balance, he would then be aware that I paid half. If they do not come to me about remedying the balance I should not have had to pay, then I could go to them one last time asking they pay me back for costs that ultimately were their responsibility.
It's somewhat of a longshot, but I figure it's worth a shot given it's $600-$1000 I could be repaid.
Maybe I'm being cynical here...but are you SURE that the court date was canceled? I mean, the RE company could be yanking your chain and lying to get you to be a no show so they automatically 'win'.
Where do I go to get a free check if I have a judgment on a a apartment I rented?
Go to the courthouse in that city, it will be a part of public record. Many cities, mine included, have an online database where you can look that stuff up for free.
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