Lockout (by Ana [NJ]) Mar 2, 2012 2:56 PM
Lockout (by Moshe [CA]) Mar 2, 2012 3:33 PM
Lockout (by Ana [NY]) Mar 2, 2012 5:15 PM
Lockout (by Moshe [CA]) Mar 2, 2012 8:19 PM
Lockout (by Virden [OH]) Mar 2, 2012 8:47 PM
Lockout (by BRAD 20,000 [IN]) Mar 2, 2012 10:31 PM
Lockout (by Moshe [CA]) Mar 3, 2012 9:42 AM
Lockout (by Mike45 [NV]) Mar 3, 2012 10:29 AM
Lockout (by Doug [NJ]) Mar 4, 2012 8:01 PM
Lockout (by samantha [CA]) May 3, 2012 7:31 PM
Lockout (by John... [MI]) May 4, 2012 6:13 AM
Lockout (by samantha [CA]) May 4, 2012 8:25 AM
Lockout (by Ana [NJ]) Posted on: Mar 2, 2012 2:56 PM Message:
Hello All,
We took a tenant to court for lack of rent payment the judge told the tenant unless she had the 2 months rent plus court cost she would have to move out. That was 2 weeks ago, now the lockout person must have finally got the papers to her about when the lockout was to take place.
I guess she ran back to court, different section of it. because my husband received a phone call inquiring why the tenant had such short notice to move out. The lock out is supposed to happen next Wednesday so that would have been 3 weeks since we went to court. Can they make us give her more time?
I want this tenant out so bad and every day she is there makes me anxious that she is going to find a loophole and I do not want her to find a way to come up with the money.
--71.183.xxx.xxx |
Lockout (by Moshe [CA]) Posted on: Mar 2, 2012 3:33 PM Message:
Who called you to inquire why the tenant had such short notice to move out?
It shouldn't have been the court, because when they need to know something, they usually schedule a hearing to ask it.
The court made the order for lockout, and the Sheriff (or whoever) scheduled it. You might check if you were required to provide any further notices, and also check if the Sheriff gave all the notices that he was required to provide.
There are always ways for a tenant with an attorney to delay, but by keeping on top of the situation and doing things right, you can usually minimize those problems.
--98.112.xxx.xxx |
Lockout (by Ana [NY]) Posted on: Mar 2, 2012 5:15 PM Message:
Passiac County court is where the call came from, they said the tenant showed up to show cause and is requesting more time to leave and if we can extend the time. They want us to call them back but I just want to ignore it and let the lockuot person continue and do the lockout on Wednesday like is planned. Unless we get something official from a Judge ordering us to stop I see no reason too. --71.183.xxx.xxx |
Lockout (by Moshe [CA]) Posted on: Mar 2, 2012 8:19 PM Message:
I am surprised that you got a call from the court. Just exactly what did they want from you?
The court, even the clerk, is supposed to be UNINVOLVED in the case. They are not supposed to represent either party, and in fact, they are forbidden to even give legal advice. If the tenants want more time, then they should apply formally to the court through a motion, and not get the clerk of the court to do these favors for them to your detriment.
I don't advocate proceeding without sufficient legal advice in any serious matter, but I lean in the direction of telling the clerk (in writing, copy to presiding judge of the court) that its not her business, and declining the opportunity to voluntarily grant more time.
--98.112.xxx.xxx |
Lockout (by Virden [OH]) Posted on: Mar 2, 2012 8:47 PM Message:
Glad the court is helping you, sometimes there is confusion if they run back and pay off before the clerk closes the payment window. --76.241.xxx.xxx |
Lockout (by BRAD 20,000 [IN]) Posted on: Mar 2, 2012 10:31 PM Message:
Could this call have been from the Free Legal Aide Tenant Support Hotline? --50.129.xxx.xxx |
Lockout (by Moshe [CA]) Posted on: Mar 3, 2012 9:42 AM Message:
"Glad the court is helping you, sometimes there is confusion if they run back and pay off before the clerk closes the payment window."
Sounds to me like the clerk is helping the tenants. Its the tenant that wants something (more time), the clerk is helping them, using the influence of the court to intimidate you, helping the tenant to avoid the legal process where they would have to provide real reasons for delay (and also exposing the judicial officer to responsibility for his decision).
Where does the matter of tenant "showed up to show cause" come in? Is the tenant filing some kind of "showing of cause" why lockout should be delayed? Or, are they filing a motion to request that you show up in court to show cause why lockout should not be delayed (itself a delaying tactic).
In any case, the clerk seems to be using her position to go around the process of law, which can help only one side. I would still vote for a sharp reprimand to the clerk, and a complaint to the court about her behavior, even if that is this court's standard procedure. Its still wrong, and if that's what they do, you will never have good courts without yourself taking some action.
--98.112.xxx.xxx |
Lockout (by Mike45 [NV]) Posted on: Mar 3, 2012 10:29 AM Message:
I think Brad is right, this is likely not a call from a court official, but from a Legal Aid type of service. I would return the call and clairify exactly who it is who is calling, and what their official position is. I would not be belligerent, but I would be persistent and I would not assume that some official sounding title is really official. But the bottom line answer I would give as to "why this tenant has to move on such short notice" is that the amount of notice is prescribed by law, and that the tenant has been given all of the notice required by law. I would not agree to any extension or delay on this phone call.
I recently received a phone call from the LL-T Court telling me that the eviction action had been stayed because the T had filed bankruptcy. The problem was that I know the clerk of that court and it was not her on the phone. Opps! I did not tell the judge of this phone call, because I could not prove that the T was responsible for the call.
--71.49.xxx.xxx |
Lockout (by Doug [NJ]) Posted on: Mar 4, 2012 8:01 PM Message:
I've been in similar situations in Hudson County, where the judge actually took me into her chambers to ask if I would be willing to give the tenant more time to move out. I was respectful, and simply told the judge that this had been going on long enough and that I was suffering financially as a result and had to regain possession of the apartment immediately. We went back into court, and she upheld the court order for dispossession. I had the lockout the following week. Ana, just move forward. If the court calls you, just let them know you cannot afford to wait any longer. --67.84.xx.xx |
Lockout (by samantha [CA]) Posted on: May 3, 2012 7:31 PM Message:
I evicted a tenant got the judgement and the writ of possession and sheriffs posted the lockout, we went to do the lockout and the t had file bankruptcy the day before so I'll be waiting a couple more weeks :( --75.142.xxx.xx |
Lockout (by John... [MI]) Posted on: May 4, 2012 6:13 AM Message:
Interesting -- does a bankruptcy filing actually stop an already-issued eviction lockout? I thought that once you had the Writ, you were safe from that.
I learned something new. Crazy stuff.
- John...
--216.111.xxx.xx |
Lockout (by samantha [CA]) Posted on: May 4, 2012 8:25 AM Message:
it stays it not stop it sorry for my language , I have to ask the bankruptcy court to continue which I hear is always approved or I can wait for the bk to be dismissed , but bk is federal and you have to comply so she may be there another 3 weeks I hear it was just to buy her more time --75.142.xxx.xx |
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