Damage hearing today
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Damage hearing today (by C&J [CO]) Aug 10, 2018 12:32 PM
       Damage hearing today (by myob [GA]) Aug 10, 2018 1:25 PM
       Damage hearing today (by Doogie [KS]) Aug 10, 2018 2:32 PM
       Damage hearing today (by myob [GA]) Aug 10, 2018 2:58 PM
       Damage hearing today (by BRAD 20,000 [IN]) Aug 10, 2018 7:19 PM
       Damage hearing today (by C&C [CO]) Aug 10, 2018 7:58 PM
       Damage hearing today (by C&J [CO]) Aug 11, 2018 1:08 AM
       Damage hearing today (by Mike SWMO [MO]) Aug 11, 2018 4:30 AM
       Damage hearing today (by Vee [OH]) Aug 11, 2018 5:01 AM
       Damage hearing today (by myob [GA]) Aug 11, 2018 5:17 AM
       Damage hearing today (by C&J [CO]) Aug 11, 2018 10:20 AM


Damage hearing today (by C&J [CO]) Posted on: Aug 10, 2018 12:32 PM
Message:

Tenants were a no show for the hearing. Judge asked me of I was surprised they didn't show, and quite honestly I was.

Judge gave me a choice of proceeding or resetting the hearing and re serving the T's, naturally I chose to proceed.

I submitted my evidence, photos and receipts, Judge reviewed items then asked me to give details on all items. She had a couple questions as well.

She then awarded me my judgement ($2,600 +)and told me the court doesn't collect on the judgement (I knew that) and asked if i would like copies of Interrogatories so I may serve T's. Got my Minute Order from clerk and i was done.

Now it's time to study up on wage garnishment, I know where 1 works, the other I will serve interrogatories

--174.209.x.xx




Damage hearing today (by myob [GA]) Posted on: Aug 10, 2018 1:25 PM
Message:

C&J great job. You now need to add in the 25% collection fee and 15% per annum.

Look you got the judgement-- your golden. Now the phone call. Mr. and Mrs. so and so---- I'm getting ready to serve you at the job with a wage garnishment. I Would like to settle and make this one time offer to you. We all know employers don't like court action and the sheriff showing up at the job so my offer is simple-- agree to make payments on $1800.00 over 18 months at 100.00 a month. I'll lower the debt and waive the interest of 15% and collection fee. You must sign the agreement and not miss any of the payments for the next 18 months. If you do the whole amount along with all the fees-- including serving you at work will be calculated back in. Sign the agreement and get it notarized and return to me. --99.103.xxx.xxx




Damage hearing today (by Doogie [KS]) Posted on: Aug 10, 2018 2:32 PM
Message:

Good job! I'm a little surprised you had to go through with the hearing. Here if tenant doesn't show, it's automatic win with no trial. ALWAYS show up. --98.175.xxx.xxx




Damage hearing today (by myob [GA]) Posted on: Aug 10, 2018 2:58 PM
Message:

any judge worth his salt would want a review of the case line by line. It's the fair thing. Second is it give credence to your bill and charges. So if someone squawks at the award you can rightfully say the judge reviewed each charge. --99.103.xxx.xxx




Damage hearing today (by BRAD 20,000 [IN]) Posted on: Aug 10, 2018 7:19 PM
Message:

C&J,

Congrats!

Be VERY careful when talking with a judge esp when the tone seems casual. I have watched LLs say too much in court and kill their own cases.

But you CAN get some great info and insight if the judge is talkative. Listen and learn.

Also, I stay and watch the next few cases after mine. I ALWAYS learn something.

BRAD --68.50.xxx.xxx




Damage hearing today (by C&C [CO]) Posted on: Aug 10, 2018 7:58 PM
Message:

myob... Thank you! I will attempt to contact T tomorrow to see if we can work out a payment plan. If not, an 2, garnishment. --174.209.x.xxx




Damage hearing today (by C&J [CO]) Posted on: Aug 11, 2018 1:08 AM
Message:

BRAD, thank you ! Since June, on eviction das, I have been attending court, taking notes and getting a general idea of what the Judge is looking for.

This is a new Judge, our prior one retired last year. She kept things very professional, as I did. No real casual conversation, just the facts of the case. I was the only one (beside Judge and clerk) in the court room, so I didn't feel rushed to explain things quickly and I wasn't too nervous. I did have the 4am OH CRAP wake up....I forgot to write my case # on my exhibits! Easily fixed that, but over all I'm thrilled! --174.209.x.xxx




Damage hearing today (by Mike SWMO [MO]) Posted on: Aug 11, 2018 4:30 AM
Message:

Here, where I live, tenants have 10 days to contest the judgement. You might want to wait a few days before contacting them. Of course the court mails a letter to them showing your judgement but no need to give them a double warning. --174.130.xxx.xxx




Damage hearing today (by Vee [OH]) Posted on: Aug 11, 2018 5:01 AM
Message:

Here the appeal time is 2 weeks, this is also the continuance time so you may be able to figure your court timing without attending hundreds of cases, no need to contact the tenant until this has expired, then you want to serve a debtors exam thru the court, failing to appear for this you ask for a warrant to be issued for contempt - now you have a criminal case converted from civil and this will really sting those folks. Garnishment if retained in civil in my state allows me 9 month to strip away 30 percent of wages, but unlimited on other things like bank accounts and tax return funds - so keep your case alive in the background. --76.188.xxx.xx




Damage hearing today (by myob [GA]) Posted on: Aug 11, 2018 5:17 AM
Message:

C&J did the tenants acknowledge the court-- by either counter suing or responding to the initial court date? If they did there really can't be an appeal. They knew and had the order to appear. The judge line itemed each charge.

I did want to mention that we do wait 45 days for the dust to settle. During that time we get all the letters and figures together. When day 46 comes around we're ready for the call.

The call needs to be practiced soemwhat. There are key words that need to b eincluded-- like how you hate to serve themat work and it took a little longer to get the paperwork to the sheriff so sorry for the delay in service. The judge had to review this now that all the charges have been totaled. yada yada yada.

When its mentioned "contest the judgement" you mean appeal? Appeal based on what? if they knew there was court- there is nothing to appeal. --99.103.xxx.xxx




Damage hearing today (by C&J [CO]) Posted on: Aug 11, 2018 10:20 AM
Message:

myob... T did show up for the eviction hearing, Judge requested their new address so they could be notified when the damage hearing was set. When I filed my request for the hearing I had to mail a copy to them, then the court mailed the actual summons.

Because I like to cover my bases, I took photo of the envelopes at the post office, after they were canceled. Neither my letters or the court summons were returned. I have no doubt they were aware of yesterday court date.

After reading some of the responses here, I won't be contacting my ex T.

Since I got my judgement in Civil Court I am able to start garnishment proceedings right away. If the T appeals the garnishment, the garnished wages will be held by the court until a decision on the appeal is made.

Given the fact I've had promises to pay the monies owed, they have never made an attempt to pay, let alone contact me to arrange payments.

Best to get the ball rolling on collections ASAP. --174.209.xx.xxx





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