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Ways To Be Ready Before You Come To Court Within The Eviction Process

Ways To Be Ready Before You Come To Court Within The Eviction Process :

Be ready in Advance

Be ready. Make sure you’ve taken your lease. Make sure you’ve taken the sharp amount that’s due, to the penny, not about. Never tell a judge, “They owe about…” That’ll piss a judge off. When the judge asks you how much they owe, “It’s $2,000.12, and that is composed of a $75 late fee and $1948.33 of unpaid rent.” That’s the way you answer that question. Do not say, “About $2,000.”

The judge will say, “What does that mean?” thus be sure you’ve got a very detailed accounting statement revealing exactly to the penny what’s owed, involving any court costs. The judge knows to add court costs. You don’t really need to tell him to do that.

That’s standard procedure, but if there are repairs that you’re informed of or fines or anything like that for putting out trash or not putting out trash, then you may annex that at that point. Have a detailed accounting statement with exactly what’s owed broken down by late fees, by rent, and then by other things. The judge may ask you that facts.

It’s important that you’reprepared to respond that question. “How much is owed?”"$2,012.” “How much of that is rent and how much of that is late fees?” and you have to be prepared to respond that question. Again, do your homework. Make sure that the Notice to Quit that you sent out and the late letter, be sure you’ve got copies of those with you also.

Documents

Any communications with you and the tenant, any letters that you’ve sent, check you’ve got copies of that with you. If there are repairs that you had to do, make sure you’ve taken your contractor’s invoices so you are able to persuade that the cost of the repairs is legal. I think that’s it. Just go there. Make certain you’re ready. Get there early.

It’s quite probable the tenant will want to sit down with you and work out certain type of scheme, which is fine, but just realize that you make sure you annex the court cost in and things of that nature. If you have a plan that you’ve put together, you go into the court together. You say, “Judge, we’ve come to terms. We’ve got a scheme.”

You read that scheme off to the judge. He writes it down, documents it, and that way the court sees exactly what the scheme is. If the lessee does not adhere to the plan, you may come back a couple weeks later and say, “He’s not stick to the scheme. I would like to proceed with the eviction.”

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December 6, 2011 | In: Debt

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