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Can I be sued ?

Can I be sued ?

Old Jun 5th 2013, 8:02 pm
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Default Can I be sued ?

If I leave the US and break the house lease I'm on can I be successfully sued ?

It would amount to $13k of unpaid rent.

I understand I most definitely could be sued and that the case would be decided in the landlords favor.

However, would the landlord have any ability to get the payment from me given that I would then be in the uk ?

And if so....would I have to pay her legal costs ?

The landlord is a uk citizen but lives in NJ. I'm in NJ too...for now.

Thanks,

Linda
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Old Jun 5th 2013, 8:17 pm
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Default Re: Can I be sued ?

Welcome to BE.

This is Joizey...make sure your landlord isn't 'connected'.

You may be OK if you or the landlord can find another tennant. Are you allowed to sublet?
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Old Jun 5th 2013, 8:37 pm
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Default Re: Can I be sued ?

IANAL, but US federal and state (except Louisiana) law is descended from English common law, and I understand it is possible to apply to the courts in a common law jurisdiction to enforce a civil judgement obtained in another common law jurisdiction. I suspect that practically it would be difficult and expensive and the claimant probably wouldn't bother.

The uk.legal.moderated newsgroup (available on Google groups at https://groups.google.com/forum/?fro...egal.moderated ) might be worth asking on.
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Old Jun 5th 2013, 8:40 pm
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Default Re: Can I be sued ?

The short answer is, yes, the judgment could follow you, although it would have to first be recognized by a UK court: http://www.mondaq.com/x/84790/Arbitr...nts+In+England

In practice, it may not be worthwhile for the plaintiff to bother. But theoretically, it could be done.
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Old Jun 5th 2013, 10:20 pm
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Default Re: Can I be sued ?

Originally Posted by RoadWarriorFromLP
The short answer is, yes, the judgment could follow you, although it would have to first be recognized by a UK court: http://www.mondaq.com/x/84790/Arbitr...nts+In+England

In practice, it may not be worthwhile for the plaintiff to bother. But theoretically, it could be done.
For 13k I would try and do everything I could to get something back.
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Old Jun 5th 2013, 10:53 pm
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Default Re: Can I be sued ?

If you plan to visit the US again. You may want to think about running from your obligation.
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Old Jun 5th 2013, 10:55 pm
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Default Re: Can I be sued ?

Originally Posted by Duncan Roberts
For 13k I would try and do everything I could to get something back.
If the defendant has no cash or assets to attach, and if that status wasn't expected to improve, then there wouldn't be much point.

Is there wage garnishment in the UK for collecting judgments in civil cases? If so, then perhaps that's something to worry about.
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Old Jun 5th 2013, 11:56 pm
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Default Re: Can I be sued ?

Originally Posted by Duncan Roberts
For 13k I would try and do everything I could to get something back.
It wouldn't be 13k though, would it? If another tenant is found quickly then there would be very little "lost". Plus OP said that was rent, so presumably you could knock off the deposit from that figure.

I'd try to start a dialogue with the landlord first. An amicable resolution could potentially be reached. If you're leaving anyway then you've got nothing to lose by being up-front with the landlord.
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Old Jun 6th 2013, 4:41 am
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Default Re: Can I be sued ?

Technically they could win a judgement against you but collecting it is a different matter. Personally I wouldn't worry too much but I would try to reach an amicable agreement with the landlord, like paying a month's money. That's all.
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Old Jun 6th 2013, 6:40 pm
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Default Re: Can I be sued ?

If the rental market over there is anything like it is over here the landlord would probably be happy to see the back of you, as she would be able to put the rent up when relet.
Assuming you havent trashed the place.
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Old Jun 7th 2013, 12:34 am
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Default Re: Can I be sued ?

Some leases have payment penalties of a few percent if not paid. $13k might be the unpaid rent, but there could be interest the would compile monthly. If the landlord is a UK resident it might be worth their while to move the judgement to a UK court, and also move to collect attorney fees for the UK action.
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Old Jun 7th 2013, 12:42 am
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Default Re: Can I be sued ?

Originally Posted by Threadbare
If I leave the US and break the house lease I'm on can I be successfully sued ?

It would amount to $13k of unpaid rent.

I understand I most definitely could be sued and that the case would be decided in the landlords favor.

However, would the landlord have any ability to get the payment from me given that I would then be in the uk ?

And if so....would I have to pay her legal costs ?

The landlord is a uk citizen but lives in NJ. I'm in NJ too...for now.

Thanks,

Linda


http://www.lsnjlaw.org/Housing/Landl...ng-Leases.aspx
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