 Eviction Settled? (by Tammy [MA]) Jul 15, 2011 12:06 PM
 Eviction Settled? (by Dan [MA]) Jul 15, 2011 12:41 PM
Eviction Settled? (by Tammy [MA]) Jul 15, 2011 1:08 PM
Eviction Settled? (by Virden [OH]) Jul 15, 2011 3:49 PM
Eviction Settled? (by ctlandlord [CT]) Jul 15, 2011 4:20 PM
Eviction Settled? (by Steve [MA]) Jul 15, 2011 4:44 PM
Eviction Settled? (by Chris [CA]) Jul 15, 2011 7:24 PM
Eviction Settled? (by BRAD 20,000 [IN]) Jul 15, 2011 10:11 PM
Eviction Settled? (by BRAD 20,000 [IN]) Jul 16, 2011 5:28 PM
Eviction Settled? (by Tammy [MA]) Posted on: Jul 15, 2011 12:06 PM
Message:
State Specific Question About: MASSACHUSETTS (MA)
As some of you know, I have been working on an eviction process. We have a court date in a couple of weeks. My tenant just got a settlement from a court case, and will be paid in a few weeks. She and her attny have agreed to draw up a lien against the settlement for all of my expenses, back rent, damages, etc., which according to him, guarantees that I will be paid. However, when I checked w/the housing court, they said we still have to appear for court and draw up the agreement in court. Is this really necessary, or if my atty is ok w/the lien, can I just go in and request a voluntary dismissal? Any thoughts?
Thank you! --205.188.xxx.xxx |
Eviction Settled? (by Dan [MA]) Posted on: Jul 15, 2011 12:41 PM
Message:
Go and get the Agreement for Judgment written up by the court. The reason being is that is will stipulate (if written right) that it can't be appealed or contested. If something goes wrong, you can then motion to have the eviction carried out. If you just dismiss it and something goes wrong, you'll be starting the process all over again. I can't tell you how many times I've been told that the tenant has a big settlement or tax refund or bonus or whatever coming next week and then I'd be paid. It almost never comes to be. --74.8.xx.x |
Eviction Settled? (by Tammy [MA]) Posted on: Jul 15, 2011 1:08 PM
Message:
Thx Dan - I agree. --205.188.xxx.xx |
Eviction Settled? (by Virden [OH]) Posted on: Jul 15, 2011 3:49 PM
Message:
You want to have the blessing of the court on this judgment or any other in the future, this is why we have the court system to help us. --99.160.xx.xx |
Eviction Settled? (by ctlandlord [CT]) Posted on: Jul 15, 2011 4:20 PM
Message:
go to court , for the above reasons and also so that word spreads that you are willing to go the whole 9 to be business like.
When I question how to do something : I try to think like a managment company . business not personal . --152.133.x.x |
Eviction Settled? (by Steve [MA]) Posted on: Jul 15, 2011 4:44 PM
Message:
I concur with Dan.
If you want to save some time in court, arrive with the agreement already written. Then have the housing specialist fine tune it by including the tenant gives up their right of appeal, etc.
Are you going to allow this tenant to remain in the unit if they actually pay up? --72.85.xxx.xxx |
Eviction Settled? (by Chris [CA]) Posted on: Jul 15, 2011 7:24 PM
Message:
You won't get the court fee back. Are they out? How quickly can this lien be drawn up? Make haste! Re-rent asap! --125.25.xx.xxx |
Eviction Settled? (by BRAD 20,000 [IN]) Posted on: Jul 15, 2011 10:11 PM
Message:
I'm with Dan!
Had someone today ask us to cancel eviction because "a big insurance settlement check is coming in a few weeks."
I don't know the finer points of MA law, but basically get the eviction. If they pay in time, they can stay.
I would have them sign the lien on the settlement, but don't hold your breath on getting a penny even if they get their money. --50.129.xxx.xxx |
Eviction Settled? (by BRAD 20,000 [IN]) Posted on: Jul 16, 2011 5:28 PM
Message:
To clarify:
I would have them sign the lien/insurance $ thing but NOT allow the eviction hearing to be delayed.
If the money comes in before they leave, they could stay.
--50.129.xxx.xxx |
Reply:
|
|