State Specific Question About: MARYLAND (MD)

Lets see he stopped pay on the first check and you took a second CHECK from him?

Thanks all for valuable advise. Case is still in stand still. Already got judgement aft filing NonPayment of Rent, then filed Eviction also, and that's where all above was ongoing in original post

Laura - I already went to Rockville, filed that 5/2, got judgement on 5/21 in absentia, filed eviction 5/25 after his 'stop pmnt 5/24' which wasn't covering all dues anyway. LL&T office said: it'll take 3wks to process... what happens next pls.

Myob - took second check, since he offered and I've nothing to lose, it doesn't cover all of judgement anyway.

Tony - I already got the cancelled ck from bank. Don't know what 'stop payment' is treated as in MD - felony or forgery or crime or what. I don't think he had insufficient fund.

Ken - I deposited ck in my bank yesterday and waiting, don't have an acc on his bk.

Sent him an email this morning demanding turning over the property. I don't call him or seldom go in person since he's been threatening and bullying. Is this time to get a lawyer, or wait until eviction takes effect around June 14, or what??

Thanks all for valuable advise. Case is still in stand still. Already got judgement aft filing NonPayment of Rent, then filed Eviction also, and that's where all above was ongoing in original post

Laura - I already went to Rockville, filed that 5/2, got judgement on 5/21 in absentia, filed eviction 5/25 after his 'stop pmnt 5/24' which wasn't covering all dues anyway. LL&T office said: it'll take 3wks to process... what happens next pls.

Myob - took second check, since he offered and I've nothing to lose, it doesn't cover all of judgement anyway.

Tony - I already got the cancelled ck from bank. Don't know what 'stop payment' is treated as in MD - felony or forgery or crime or what. I don't think he had insufficient fund.

Ken - I deposited ck in my bank yesterday and waiting, don't have an acc on his bk.

Sent him an email this morning demanding turning over the property. I don't call him or seldom go in person since he's been threatening and bullying. Is this time to get a lawyer, or wait until eviction takes effect around June 14, or what??

Vogol you say you have "nothing to lose" wrong!

You filed for eviction and took money---- you must now stop the eviction and either return funds and start over or risk what's called self help eviction.

you can not file for non pay - accept any sort of payment -- and continue with eviction for no pay-- .

myob - Good point, but doesn't he has to pay full amount of judgement to stop eviction? In my case, his payment of $1925 still leaves me about $400 unpaid dues. He first paid 1925 on 5/21, before eviction filed 5/25, put stop payment 5/24, now gave me a check again 5/27, I deposited 5/29. That's where we are now. Am I still in trouble???

Also, - his lease ends tomorrow 5/31. No extension, I already gave him 30 days notice in time. I can turn off the water line and take it to my name... no water!!!

If the judge signed off on the agreeemnet and you have the writ of possession filed already--- missing or default amount paid we would move forward. Tenant has not paid as agreed to in court order.

In our state you can't turn off utilities. The supplier can but LL can't.

Update- This is June, and the loser is still there, without paying May and June ofcourse. He paid a check with late fee for May on 5/27 again, stopped the check on 5/31 again, - twice in two checks for the same amount; - seems playing with me with his money. Can I not file case for stopped check??

Also, Went to the property to swing by last night, he recognized my car, went in his car and almost blocked me in a threatening manner, I left. Still waiting for the eviction papers filed 5/25 from the court.

Not to sound mean, but you need an attorney.

You do not want to pay for one, but you are going to lose more money and have this drag on longer if you do not do so.

Think of it as just another cost of doing business. Once you roll all of the way through this from beginning to end, you may be able to do the next one on your one.

Accept that you have lost control, stop putting yourself in danger, stop driving yourself insane, and let it get handled by someone who can make sure the i's are dotted and the t's are crossed.

When you filed for the non payment of rent, was he personally served or did they post it on the door? If he was personally served than you should have asked/been awarded a judgement. I suspect the non rent payment was posted on the door.

To get a judgement he MUST BE PERSONALLY served. Fill out a small claims form DC/CV 001. Either get the sheriff or private processor to serve him. Helpful to include a picture, look at driver license picture (which I hope you collected at application) or off facebook. Small claims couty case will give you a judgement. Next garnish the wages.

Laura-

Thank you for all your time and answers.

No you shouldn't be, we all do typos, that's nothing unusual.

I agree, non payment most likely posted on door.

How do I find County Attorney to talk about stopping check crime or not, etc....

I've gotten the green paper for eviction, called the Sheriff's office scheduled the eviction date - 7/5/18. Loser is still there, said will leave today, now just dug in, wouldn't leave, saying thru my realtor that he will file harassment against me, as I was checking out outside my property last week.

I'm now contacting the eviction firms to hire one for the date. At this point, Do I need a lawyer? Pls advise, and if you have any reference if needed. Again, thanks a lot.

No you have the eviction, so you don't need a lawyer for the eviction. Shop around for eviction companies. prices vary. Also find out the cancellation policy. 50%+ that he will move before the eviction date.

Stop contacting him & going by the property. Nothing good can come from contact. Now go after him for a judgement as discussed above. Him stopping the check will be wonderful evidence in a small claims case. Small claims is set up so you don't need a lawyer.

Here is the info for the county attorney...call him a bout the stopped checks.Address: 101 Monroe St, Rockville, MD 20850

Phone: (240) 777-6700

Thanks for your kind reply. I am going to call the County attorney to inquire on stopped check more.

On small claim filing, do I file for judgement amount of 'Fair to pay rent', or his holdover rent payment only, or the court fee & eviction cost & other fee only, Or all of the above? If all of the above, do I file just one form, one for each category, Please.

Assuming you hire enough people to empty the house for the eviction it will happen. You did schedule it....right?

Eviction Co - Talked to few companies, but haven't yet hired anyone to empty the house, they're expensive;

Waiting to see if the creep leaves by the 10 days notice, which will be 6/21, or is this a mistake on my part?

Small claim court - how do I find him for serving personally, he's not going to leave any address for me. How do I do that, pls?

Serve him now at your rental. Go for under $5000 and amend the amount latter. U do not have to put a specific amount now just under $5000 Critical you serve him now when u know where he located.

Serve him now at your rental. Go for under $5000 and amend the amount latter. U do not have to put a specific amount now just under $5000 Critical you serve him now when u know where he located.

Serve him now at your rental. Go for under $5000 and amend the amount latter. U do not have to put a specific amount now just under $5000 Critical you serve him now when u know where he located.

Serve him now at your rental. Go for under $5000 and amend the amount latter. U do not have to put a specific amount now just under $5000 Critical you serve him now when u know where he located.

Laura-

I got busy following your above advise, filed dc/cv 001, but it was too late, the creep fled yesterday, a day before the sheriff's 10 days' deadline, my eviction schedule is 7/5 he didn't know, now the house is clear and I'm all over to get it ready for July. I'm so relieved now, thanks for all the above help, especially from you Laura, thanks a Mil. Now the question:

Can I change the address to a different one for the creep in the filed small claim case?

I know the wifey's address, she lives with her mom, they've some separation or something I don't know. I also know the address from internet for the man, the main culprit, where he has a business, uses his own phone number for the business, I'm not sure he physically go there or not but the address is physical for his some trucking or loading or something like that business with a two man show, with about 4/5 internet site advertisement. Need your advise on how to go by with the above info. I know I can get the wife at the address to serve her, but for the big fish I'm not sure how to go by, please help.

Also, If I now hire a seasoned lawyer to get the money, what's approx. $ I am looking to spend, would this money can be recovered from the creep, how this sort of things happen like can I go with a lawyer with % contingency plan, is that very unusual in this business, need some directions please.

I was busy getting the rental ready, after the creep fled last week on eviction notice, to minimize my loss, sorry.

I will hunt him down, Laura. I'm not quitting, I learnt my lesson, I DID follow your advise; and moved on nicely for this first time thing for me, thanks to you and all other LLs for all those.

But by the time you mentioned on 6/10 on Small Claim 'served' and detailed on 6/13, I finally got it as to what to do and did file without delay the next day 6/14. Unfortunately, that was too late, by the time it came back from Dist Court to serving, the creep left 6/20; he was served eviction 6/11 showing 10 days...

I was busy getting the rental ready, after the creep fled last week on eviction notice, to minimize my loss, sorry.

I will hunt him down, Laura. I'm not quitting, I learnt my lesson, I DID follow your advise; and moved on nicely for this first time thing for me, thanks to you and all other LLs for all those.

But by the time you mentioned on 6/10 on Small Claim 'served' and detailed on 6/13, I finally got it as to what to do and did file without delay the next day 6/14. Unfortunately, that was too late, by the time it came back from Dist Court to serving, the creep left 6/20; he was served eviction 6/11 showing 10 days...

I was busy getting the rental ready, after the creep fled last week on eviction notice, to minimize my loss, sorry.

I will hunt him down, Laura. I'm not quitting, I learnt my lesson, I DID follow your advise; and moved on nicely for this first time thing for me, thanks to you and all other LLs for all those.

But by the time you mentioned on 6/10 on Small Claim 'served' and detailed on 6/13, I finally got it as to what to do and did file without delay the next day 6/14. Unfortunately, that was too late, by the time it came back from Dist Court to serving, the creep left 6/20; he was served eviction 6/11 showing 10 days...