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other than you going to the wrong court room, did you pay the rent as per the agreement you made at the first appearance?
I I am not the tenant. Im the person who allowed the people to stay in my rental while it was being sold. They knew it was only to be for a few weeks. There was never a lease agreement nor was there any rent ever paid to me. I told them that when the final doc's were signed they were going to have to move. They agreed but when it came time they said they'd move but haven't and say they can't because they have no money. They also have a bad rental history and have nowhere to go.
No. They haven't even paid for electricity.
And the judge said "by Friday"
Ok, Kathy thanks for the information. First of all you cannot write letters to a judge in legal proceedings, it is called an ex-parte communication and is not considered a legal request. You have to file a motion for reconsideration of her decision and tell her why she should reconsider (i.e. you went to the wrong court room) and serve a copy of the motion on the tenants. Anything you file with the court you must send a copy to the tenants or the court cannot consider it.
In your case since the tenant did not pay as you agreed to on that Monday court appearance, you would file an Affidavit of Non-Compliance form, which you can get at the clerk's office at the court and the clerk would then prepare an order for the judge to sign. Again, a copy has to be sent to the tenants. I would do the affidavit and file the Motion to reconsider at the same time, in case the judge grants your motion you won't have to waste time and the affidavit will be completed.
The second option is to just start the process over. File the complaint, have the first appearance and follow the process through. Just because the judge dismissed the case because you failed to appear does not prevent you from filing a new case and starting the process again. I cannot tell if the judge will grant the motion to reconsider but if the judge does not grant it, you can definitely file a new case. If you can afford to file a new case and a motion to reconsider to hedge your bets that would be acceptable as well. In that case if the judge grants the motion to reconsider, you could withdraw the new case and if the judge denies the motion to reconsider you would have your new case already filed and ready to move forward without wasting time. IT's up to you.
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