Eviction Today (Long) (by C&J [CO]) Jul 6, 2018 11:14 AM
Eviction Today (Long) (by JB [OR]) Jul 6, 2018 12:51 PM
Eviction Today (Long) (by C&J [CO]) Jul 6, 2018 1:36 PM
Eviction Today (Long) (by Jeff [CO]) Jul 6, 2018 2:27 PM
Eviction Today (Long) (by Vee [OH]) Jul 6, 2018 3:59 PM
Eviction Today (Long) (by BRAD 20,000 [IN]) Jul 6, 2018 10:18 PM
Eviction Today (Long) (by Still Learning [NH]) Jul 7, 2018 4:22 AM
Eviction Today (Long) (by C&J [CO]) Jul 7, 2018 6:53 AM
Eviction Today (Long) (by C&J [CO]) Posted on: Jul 6, 2018 11:14 AM Message:
Tenants failed to pay last month rent on 1 year lease, ignored 3 day POQ, sooo, we got to go see the judge today.
its been awhile since I've had to evict a tenant, and the courts have changed they way they do evictions.
Rent was due June 8, served 3 day POQ June 9, but because of the new system, I wasn't able to file until June 22 for a July 6th court date (Local court only does evictions 1st and 3rd Fri of each month)
Tenant called me in error one day and stumbled and stammered on phone, making up excuses while they haven't paid, blah blah
The judge gave us a chance to talk and work things out, of course they promised to pay all the rent by the end of this month. They couldn't believe I also wanted all my costs + late fees as well. They offered no money at the hearing, just the same lame promise to pay. They even had the nerve to blame ME for them not paying!! Citing my refusal of a partial rent payment as a valid reason they haven't paid. (The partial month they offered was months before the June rent)
I was issued a Writ, can't pick it up until Monday, I'll be at the court window at 7:30 when they open.
When I inquired about setting a damages hearing they both flipped out and demanded I tell them what damages I'm claiming. The Judge interrupted them and explained that non payment of rent IS damages, as well as costs, and of course LL is entitled to inspect property for damage (There is damage, they will disagree)
The best part is the Judge asked them for a address to send the summons for the damage hearing, now I know where they moved to, yeah!
And to boot, their lease ends tomorrow (July 7) AND they've had a place to live since early May, just had to push the envelope I suppose. Oh, and she showed up to court with her arm in a brand new sling, WOW
--67.143.xxx.xxx |
Eviction Today (Long) (by JB [OR]) Posted on: Jul 6, 2018 12:51 PM Message:
Yea. I think she had a slip and fall on your property.... --50.45.xxx.xx |
Eviction Today (Long) (by C&J [CO]) Posted on: Jul 6, 2018 1:36 PM Message:
Actually she admitted in court it was a workers comp. injury she suffered at work, she tried to use that as an excuse for not paying rent --67.143.xxx.xxx |
Eviction Today (Long) (by Jeff [CO]) Posted on: Jul 6, 2018 2:27 PM Message:
That all sounds really strange. What county are you in? How experienced is your lawyer at doing evictions? --76.120.xx.xx |
Eviction Today (Long) (by Vee [OH]) Posted on: Jul 6, 2018 3:59 PM Message:
This is the business as usual in my area, I have since learned how to do garnishment myself as the court can handle a large part of this, likely you will be serving the employer and collect 30 percent for 6 months then a refile to get back in line and if nobody else is in the garneshment loop you could skip a pay period then get back on the merry go round. --76.188.xxx.xx |
Eviction Today (Long) (by BRAD 20,000 [IN]) Posted on: Jul 6, 2018 10:18 PM Message:
C&J,
Congrats on your win! And special congrats for staying on top of this!
BRAD --68.50.xxx.xxx |
Eviction Today (Long) (by Still Learning [NH]) Posted on: Jul 7, 2018 4:22 AM Message:
Glad you had a judge that had their number. Had my first sheriff lockout today. It was their 6th of the day and all but my tenant had been home for it and were surprised and thought they still had 7 days. Sheriffs were mad about the one with a young boy at home playing his video games. Angry the parents let it get that far especially since they had a nice tv, good furniture and 2 new cars. Very typical they said. --24.61.xxx.xx |
Eviction Today (Long) (by C&J [CO]) Posted on: Jul 7, 2018 6:53 AM Message:
Jeff[CO] I'm in La Plata County, not sure how long ago things changed, used to be able to file anytime, and get a court date about 1 1/2 weeks out, and at the hearing LL was given a date 1 week out for damages hearing. The courts did evictions every Thurs... Now the 1st and 3rd Friday of each month, and only 6 slots allotted for FED's. And, as far as damages, the court gives LL two weeks for file for a damages hearing, I have until July 20th to file. Weird how they have a window for you to file a FED (my particular case was June 22-26 for the July 6 hearing date) I have done my own evictions since they were for non payment of rent. To answer your question, my lawyer is very experienced.
Vee [OH] first the damages hearing, then I'll be doing a garnishment. I've done a couple for a ex on is FSBO property. And since I know where she works, should be able to collect some $$$ fairly quickly.
BRAD 20,000[IN] Thanks! I think this eviction caught them off guard, but hey, no pay no stay, right?
Still Learning [NH] lock outs are sad, especially for the children. Too bad tenants think "things" are more important than a roof over their children's head. My tenants showed up the night before being served papers with a new dually pick up (love how they post everything on FB) --67.143.xxx.x |
Reply:
|
|