Q: Can the same charge be duplicated in separate filing against 2 tenants in the same apartment?
I signed a lease for my exwife and two children at an apartment.
After living in the apartment for 3 months, my exwife was evicted due to noise concerns.
8 months after my exwife moved out following the eviction she was served notice against both of us to pay for the balance of the rent (6 months) on the lease plus interest. I had no knowledge of the service and my exwife failed to appear in court so a judgement was granted against her. The collection agency filed a legal order against my exwife and charged what she had from her checking and saving account. Since the balance from my ex-wife's bank account was not enough, the collection agency file another case against me for the balance on the rent without giving credit for the amount received on the legal order.
I agreed to the judgement in court today without knowledge of the legal order. Should I file an appeal to apply the amount paid through the legal order on my case?
A: Yes, appeal it. There was one debt ( the balance of the rent) and some partial payment was made on that debt. The debt has been reduced. They can't collect it twice.
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