Estate Law Questions? Ask an Estate Lawyer.
Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.
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.
I hope this helps clarify. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: FOR GEORGETOWN LAWYER on the subject line. Thank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).