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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16577
Experience:  Experienced Licensed Attorney
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Im the defendant and I appealed an eviction case in the JP

Customer Question

I'm the defendant and I appealed an eviction case in the JP Courts; it was then transferred to the Civil courts. However, the plaintiff found the rent payments that I made and would like to sign an agreement and ask the court to dismiss the case. Initially I put up $4,000 for the appeal bond. Will I get that money back if the plaintiff and I come to an agreement? Do I need to submit a release of funds addendum to the court to get this back?
Submitted: 4 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 4 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about the difficult situation that you had to go through.

If you and the Plaintiff / Landlord do reach an agreement and enter into a Stipulation to Dismiss Appeal based on a Settlement, the Plaintiff would need to sign the release of funds form, so the funds can be released back to you.

I wish you the best of luck and please let me know if you have any related follow up questions.
Customer: replied 4 years ago.

Hi Alex,

 

Thank you for responding. Do I need to obtain this form from the law library at the courts; or is this something that I will need to create and have the landlord and myself to sign? I've been paying my rent to the court, so I'm guessing we will need to sign another release of funds for this to be released to the landlord, correct?

Expert:  replied 4 years ago.
Dear Dy,

Basically, if you enter into a settlement, such release of funds can be incorporated into the terms of your settlement agreement which would be signed by both the Plaintiff and Defendant and filed with the court and once the court approves your settlement agreement, the clerk would have to release your funds back to your from the court registry.

Because local courts do have some local rules, it would also be a good idea for you to stop by the courthouse clerk's office, and inquire whether any additional form would be required for the release of your funds upon the settlement and dismissal of the appeal.

I wish you the best of luck!
Alex J. Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Perfect, thank you so very much!! Have a blessed day!

 

 

Expert:  Alex J. Esq. replied 4 years ago.
Dear Dy,

Thank you and GOD bless you too!