If I was served with a lawful detainer but I filed bankruptcy, what should I do?

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If I was served with a lawful detainer but I filed bankruptcy, what should I do?

My landlord states that I owe $1250 more than my balance.

Asked on August 24, 2014 under Bankruptcy Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You should let the court in the detainer action know that you filed for bankrupty; you can call the court clerk to find out how to do this. The bankruptcy filing should "stay," or temporarily halt, an eviction proceedings, which may give you the chance to work matters out with your landlord. Note that the stay is only temporary--ulimately, if the landlord can prove you did not pay rent, he will be able to evict.

While doing this, ask your landlord for a copy of your ledger and review it with him, together with rent receipts or proof of payment--maybe you can find out why he thinks you owe more than you think, and resolve the matter amicably.


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