My brother's landlord evicted him 3 years ago after he was in an accident. He got a judgement, but my brother is now permanently disabled?
I have explained that my brother can no longer even feed himself. He can't work and never will be able to, so he will never be able to pay him. The guy is a well known jerk though and continues to harass me trying to get me to pay the debt for my brother. Is there a way I can get a court to void the judgement if it is obvious it can never be collected? Or, maybe a no contact order so he can no longer harass us about it?
- InLv 75 months ago
If your brother is no longer able to feed himself he probably needs to be in a nursing home. You are not liable for your brother's debt and you should make that abundantly clear to the landlord. I suggest sending a certified letter advising him of just that. The landlord cannot collect from your brother even with a judgement as long as he has no income, and the court cannot garnish his disability benefits.
- 5 months ago
You can call the cops on him for harassing you. Your brother's problems are not yours. And the land lord is not allowed to bother you, or your brother about it. And when you tell someone, you can get a order against him. Simply because he can harm your brother, who is now disabled...
- Anonymous5 months ago
There is only one option, and that is to file a motion to seal an eviction record. But if the outstanding debt is not paid I can't imagine the court would seal the record. With an extenuating circumstance such as a serious illness, disability or injury, which directly resulted in an inability to pay rent, you can likely succeed in having the record sealed- BUT, only if the debt is paid off in full.
- Beverly SLv 75 months ago
You can't get it voided but he shouldn't be contacting YOU. I would block his number. Your brother could come into money in the future so a judge will never void it.
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- Anonymous5 months ago
sounds like a fake question, but if it were to be true:
a landlord expecting what he is owed is not a jerk, it is not his fault bro failed to plan in case he couldn't pay rent.
when the accident happened (in the US), you could have requested the reasonable disability accommodation of being released from the lease without penalty. If that were allowed would depend on if the landlord was subject to FHA and if it would be a financial burden.
USUALLY, as long as you pay the next months rent, it would be a reasonable accommodation since he can no longer live there due to his disability. But its too late for that now.
your brother should be getting disability payments unless he is in the US illegally or didn't pay taxes....unless he is in a nursing home in which case he only gets $30/month with the rest going to the nursing home.
you can try for a no contact order if the contact is excessive, but if the court deems its not excessive you won't get the order.
its doubtful he is living in his own apartment now as he wouldn't be able to afford it on disability, if he's not in a nursing home, he would be living with family...and getting at least 791/month SSI/SSDI.
from that, he/his guardian should be able to set aside a small amount to put toward the debt.
- Landlord365Lv 55 months ago
His disability and inability to pay does not make the judgment go away. He still legally owes that money.
Any one can request a no contact order. If you get it or not is up to the judge.
- R PLv 75 months ago
It's not your brother's former landlord's problem that your brother cannot pay the money he owes. You can try to get a judge to dismiss the judgement, but the odds of that happening are not in your favor.
Unless you are also named on the eviction and/or judgement against your brother, the former landlord should not be contacting you for payment. You will have a better chance of getting a no-contact order against the former landlord than you would of getting the judgement dismissed.Source(s): FL landlord
- Casey YLv 75 months ago
The judgment is 100% valid. I get it, its terrible that your brother is disabled, but this is a business transaction so please remove emotion.
That being said, there are legal ways to collect and a no-contact order might be the route to go...
- 5 months ago
The judgement is valid. The fact that it is uncollectable is the LL's problem, no one else's.
What you can do is tell him if that if he continues to contact you about it, you will file a restraining order.
- David B.Lv 75 months ago
I think the no-contact order would be the way to go. Compile any proof of his harassment before applying for it and bring it with you along with proof of your brothers' medical condition.