State Specific Question About: PENNSYLVANIA (PA)

GKARL,

Overall, it's just part of the game. That's why we collect a deposit and must evict before the balance grows.

Good news: it's still progressing toward your goal.

Bad news: you will lose more money due to the delay.

My judge tries to be fair by giving everyone a chance, but only one chance.

I suggest writing a courteous, businesslike letter to the court (read: no whining or complaining!) responding to the continuance with the points

This is another example of how LLs need to step up and realize judges and sheriffs are ELECTED. Your association can gently "remind the court" how these delays

-increase the court's workload and disrupt scheduling

-cost reduce the LLs income

-slow down the local economy

-local aide agencies all agree that allowing the res to get deeper in debt HARMS the defendant

-honest people looking for a home cannot rent the home occupied by a non-payer.

We politely hammered and hammered on this point over years and the court has slowly moved to only allowing continuances for a VERY good reason, and not at the last minute, even asking the LL if they agree to the continuance.

It's tough to change state laws, but it IS possible to change local procedures if several LLs will step up. That judge wants to be re-elected.

Sorry, bad editing!

Lean the lobbying to advantages to the court and to the community.

-reduces the LL's income. Many LLs rely on rent as their sole source of income.

-slows down the local economy: LLs create jobs and buy from local suppliers. Delays reduce rent which decreases the LL's ability to hire and spend.

-we all know that most court judgements are never paid, so the amount of the judgment is money lost forever to the local economy.

-non-payers tie up housing that hard working people want to rent.

-puts more strain on the local aide agencies

Gotta know YOUR judge.

Evict early and often.

I love em, no hate, but if you cannot keep up with the rent, ya gotta move to a place you CAN afford.

GKARL,

You go! Please be VERY VERY careful to be VERY respectful in the letter. Always refer to "the court", never to the judge/magistrate.

Tenants come and go but judges live forever. And they totally remember LLs who criticize them. You still have to appear before this judge AND will again in the future. Keep it cool!

Now, get 10 more LLs to politely ask and make suggestions and the judge might adjust.

Just to know, judges read this stuff but will not respond outside the courtroom.

are you saying you've got $200 late fees on a $170 rent bill?

Brad:

I'm drafting that letter in my head now and it will "suggest" while recognizing that the court has full discretion. I'll be far more polite than some of the LL's I've seen in court behave towards this particular magistrate. A couple of them were downright arrogant. The problem with the continuance is the excuse the tenant used which was "not ready". My contention will be there's nothing that he need to "get ready" for as there's no legitimate defense he has. My thought here is to suggest that if there's another continuance, that there be a more substantive and supported reason that that perhaps, as you suggested, she ought to see the concurrence of the plantiff befoe just moving the date.

Wish there was an editing function:

I said "see the concurrence"

I meant "seek"

NE, it's for back rent, damages to the unit and recovery of the property. The more I'm thinking about this, the more I suspect that there's some clerk in that office helping the tenant out. The magistrate never struck me as someone who'd go for some tenant excuse like "not ready". When I called them today to inquire about the process, the clerk told me the magistrate would normally require some sort of proof if the tenant were sick or something. The last time I filed, the tenant got the notice the same day----and I know the mail doesn't go out the same exact day. I think they have someone on the inside working with them---and perhaps if I write the judge, that may blow the lid off the thing. Whoever rescheduled it kept it within the 5-15 day period they commit to for hearings and looking that the notice, the judge's signature is stamped. Any clerk could just do that given that they're in charge of scheduling.

again, I realy think you need legal assistance as some of what you are saying still makes no sense and you don't quite grasp the procedure.

first ... $158 filing fee? I know you know what you paid but that is A LOT of money. Generally it's just over $100, depending on the number of persons & the amount due.

GKARL,

Glad to hear your head is on straight!

Gotta add this: the best cases are the ones that never get to court. Do everything you can to settle outside of court.

Insider: no way! Do NOT touch that with a 10' pole! Let the judge see the rubber stamp and do his/her own managing.

I was recently able to reverse a continuance with a letter like this:

To the Court

Re Case # XXXXX

I respectfully request the defendants' request for a continuance be denied and the original date be kept.

Justification:

-other parties involved have already rearranged schedules to comply with the court's original hearing date. A new date sets an undue burden.

-defendant has already known about this date for 14 days

-defendant's stated reason was to "get ready". Defendant is not required to prepare anything

-any delay will only increase the defendants' debt, making it harder for the defendant to receive assistance from City Trustee and harder to qualify for a new lease somewhere else

-Plaintiff considers this an abuse of the court's patience to stall for more free rent.

Respectfully Submitted,

Brad 20,000, Plaintiff

Will this work? Maybe. Nothing to lose. But the judge WILL remember you spoke up with respect.

I just saw your late fees ... they're not going to be approved. Has your lease been written by a local attorney or your local landlord association?

Brad, I like that letter. I doubt I'll reverse the continuance as the original date was tomorrow but hopefully that will force him to come up with a far better excuse than "not ready" if there's an attempt to continue this sort of delaying tactic. The lame excuse is what makes me think of an insider deal.

In any event, my objective at this point is to keep the next hearing as scheduled and to prevent any additional delays.

This morning I decided to give the magistrate a call to get more details on why the tenant was able to get a continuance for "not being ready:. That phrase on the rescheduling notice was the main issue I was having and as it turns out, that phrase actually meant the tenant needed an interpreter (speaks Spanish) which makes sense. The last time we were in court, they brought along a friend for this purpose and I guess that person isn't available this go around. What likely happened is the tenant requested these services and the person who normally provides this for the court is only available at certain times hence the continuance.

GKARL,

GOOD FOR YOU! Knowledge is power and profit. Timid LLs Raise Skinny Kids so yours' will be well fed!

If this helps: my court will NOT allow a friend to interpret. The interpreters must be fully trained for court and certified. Call back and ask about that.

Be prepared for more delays over this.