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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 27692
Experience:  Attorney
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I was received a summon , i sent in the payment of the first

Customer Question

i was received a summon for rent, i sent in the payment of the first and the post office stated it would be there by the 2 of july witch was the date that was need by but it was not received on time and todayb i received another paper from court that has amount listed on it and complaint enter is states but i sent in the amount that i was tolf by attorney plus the amount do for the current month
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
What state are you in? Do you know if the payment was received today?
Customer: replied 1 year ago.
i am in Massachusetts, yes because i called since i received the complaint from the plaintiff, from the court stating the fee for the court the amount of damage
Expert:  Lucy, Esq. replied 1 year ago.
Thank you.
If the payment has been received. They cannot evict you. A judge will allow you to stay as long as the rent is paid in full before the court date.
You are still required to respond to the Summons and Complaint if the landlord does not dismiss the case before your response is due. One option is to wait a couple of days, then send in an Answer stating that you paid with a copy of the cancelled check attached (you should be able to get it online). You can still file the response without the check, though - it's just important to reply to avoid having a judgment entered against you due to the failure to respond.
Here is more information on filing an Answer:
http://www.mass.gov/courts/case-legal-res/rules-of-court/trial-court/tc-rule-1-sum-process/sp3.html
If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Thank you.
Customer: replied 1 year ago.
i think what i received was judgement , and the attorney i spoke to said as long as i sent in the payment in i dint have to respond, but since the payment was not received till today , it was supposed be received on the July 2, 2015.. the judgement was enter on July 3,2015
Expert:  Lucy, Esq. replied 1 year ago.
If they already got a judgment, that's a court order requiring you to move. The sheriff will appear to remove you if you do not leave within the next couple of days.
The landlord is not entitled to rent for the entire month of July if they're going to proceed with the eviction and have the sheriff show up to remove you. In that case, you can sue for a prorated refund of July's rent. You may want to talk to the landlord again and see if, in light of the postmark on the payment, they'll let you stay.
I'm sorry to say, if the deadline to pay was July 2, and the money didn't arrive, you're not allowed to stay. It's a risk you take when putting something in the mail without paying for guaranteed delivery or personally handing it to the landlord. But hopefully they'll let you stay until the end of the month since they've already got your payment.
Customer: replied 1 year ago.
i received a judgment of summary process is that the same thing
Expert:  Lucy, Esq. replied 1 year ago.
it is. Summary Process is what Massachusetts calls an eviction. However, a Judgment shouldn't be the first document you received. You should have gotten a Complaint and Summons first.
If you didn't, then it may be possible to file a Motion to Vacate Judgment. But if you got those things with a July 3 deadline, then the case is over.
Customer: replied 1 year ago.
but there is a possibility depending on the landlord since i sent the payment they would let me stay
Expert:  Lucy, Esq. replied 1 year ago.
They could choose not to ask the sheriff to complete the eviction process. But the only way to know is to talk to them.
Customer: replied 1 year ago.
Thank you i will call tomorrow cause the reason I didn't go to the court day was because I sent the amount due I thought I was received before the due date,I will also go to the housing court to complete a form to remove the judgement
Expert:  Lucy, Esq. replied 1 year ago.
Good luck. I hope it works out for you.

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