My landlord is taking me to court for unpaid rent. What exactly is a judgement and if i cant come up with the money before the court date will i be evicted the day we go to court? or will we have to go through more steps for an eviction??? please help my court date is 11/13/2007
2007-11-10 13:25:17 · 6 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
You are usually given 24 hours to move your junk out. Start packing! The court date is the next to last step, the last step is having the sheriff escort you off the property.
You might want to think about paying up, because the judge will order you thrown out AND to pay full restitution to your poor landlord.
This will also become part of your credit rating, making both renting and finding a new job difficult.
2007-11-10 13:29:08 · answer #1 · answered by Landlord 7 · 2⤊ 0⤋
In my state there are a number of legal steps, which may or may not be followed for non payment of rent.. The first step is the notice to move. If you do not move on or before the date indicated on the notice, the landlord may start an eviction action. If he wins the right to have you evicted, he gets a court order to have the sheriff remove you and your belongings from the premises. You will owe double rent for the time between the date of the notice to move and the day that the sheriff moves you. If you owe back rent and other damages (including the cost of eviction) he may sue for the money. If he wins the suit, he will get a judgment for the amount owned to you including the court costs and legal fees. This judgment will last for 20 years or until paid. If it is not paid at the end of twenty years, it can be renewed. This will ruin your credit. If you try to buy a car or house with a loan, you will get turned down. If you own a car or house, he can get a lien against it. If you sell a car or house with a lien, he must get the first money from the sale. He can also garnishee your bank account and your wages. A garnishment is a separate legal action which will be added to the cost of what you owe him.
2007-11-10 23:24:00 · answer #2 · answered by Bibs 7 · 0⤊ 0⤋
If your court date is only a few days away then I'm guessing the problem has been going on for quite some time. The first issue at hand is have you been given orders to vacate from your landlord, if you haven't paid for time you've lived there, then yes, you're liable for the rent, and 'reasonable' late fees as set by your lease agreement.
However, if you've never been given an eviction notice from your landlord (assuming there is no clause in your lease for unpaid rent speeding up an eviction, and the local and state laws require a mandatory period) then you generally have 30 days. All of which you'll still be forced to pay for.
If you HAVE been given an eviction notice more than 30 days ago (once again using the 30 day estimate) then you could be evicted today. And of course you're still liable for the rent.
To recap, you'll be forced to pay regardless of the outcome, you'll be evicted (if the landlord requests it). The only question is when, and that's contingent on your lease, the law, and when the necessary paperwork was completed by your landlord.
2007-11-10 21:45:55 · answer #3 · answered by Mr. K 5 · 1⤊ 1⤋
A judgment is what the judge orders as being owed in favor of landlord. It includes possesion of the premises and the money owed, plus late fees, and court costs.
The laws differ for each state. You need to find out the landlord/tenant laws for your state.
In Michigan if the judgement is for nonpayment of rent and possesion of the premises, on the actual court date, the judge will give you 10 days to pay the rent,plus late fees, and court cost or move out. If you don't pay what is owed then he will issue an order to evict you. When the judge issues the writ to evict you, a sheriff or officer of the court will come and remove you from the premises.
Please read your summons carefully and seek legal advice. If you cannot afford a lawyer contact your legal aid office, they should be able to help you.
2007-11-10 22:47:18 · answer #4 · answered by covergirl48505 2 · 1⤊ 0⤋
A judgment means that a person submitted a claim ( they're argument as to why they took you to court) and the judge has ruled in their favor and against you. Laws very so I would look in to eviction laws for your state. But inevitably you will have to move.
2007-11-10 21:35:55 · answer #5 · answered by Hopelessly Devoted 2 · 0⤊ 0⤋
The sheriff will escort you off the property im a landlord done it before !
2007-11-10 21:36:51 · answer #6 · answered by Joseph P 1 · 0⤊ 0⤋