Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for choosing JA! I'll be glad to assist you. Customer:
great, do you understand my question, I have to be in court tomorrow AGAIN, to pay late rent, and I always pay it but they keep making it legal.
Kirk Adams : "Fraud on the court" is a false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive the court.
YES ! thank you! Is there anything else I should know?
Like How to I say this to the judge, do I say , I would like to make a "motion"? what is the phrase?
Kirk Adams : That's the main term that explains what you're describing.
I have to be my own lawyer
Kirk Adams : You don't have to make a motion to raise this issue; you can just tell the judge that the other party is committing fraud on the court by the representations it is making.
Kirk Adams : You can explain that they are misrepresenting the facts to the court.
and I am not guilty , even tho my rent is always paid, it is just late, correct?
They have 4 civil judgements against me, and shot my credit report
Kirk Adams : IF the landlord is claiming that you don't pay rent, and you have, you can ask the court to order the landlord to provide an ACCOUNTING to show all payments you've made.
Kirk Adams : This would prove that your payments were made and accepted by the landlord.
THANK YOU SO MUCH , AWESOME!!!
so what if they still say it is illegal to be late paying?
and they want to charge me $3500 in legal fees
Kirk Adams : Well, if they are accepting your payments, then it's usually hard to claim late payments is actually an issue.
This time they returned my checks because it was not the full rent, but when I go to court tomorrow I have a certified check for May rent, and I do not have June yet, but I will together with July by end of the month...can I still say all of what you said?
Kirk Adams : It is technically a breach to pay late, and the landlord can issue a notice to pay or quit (usually a 3 day notice), and if payment isn't made, then the landlord can file for eviction. Customer:
yes, but the payment will be paid, and they know that, I am just late....so here we are
Kirk Adams : IF you are not 100% current on the rent, then the landlord has the right to seek an eviction - - and the landlord is the only one who can agree to stop the eviction as the judge is going to grant the eviction if rent is not paid.
so if I do not have all the rent tomorrow in court I can be asked to move out, after 20 years?
Kirk Adams : Even if you can show a history that you have paid in the past - - just late - - doesn't mean that you can continue to do this. You would have to have an agreement with the landlord in order to avoid an eviction.
ok thanks....so then I should not say "fraud on the court"?
Kirk Adams : Yes, the judge can order you to vacate if rent isn't up to date.
This was Very informative and thank you very much , it is most helpful. I give you 4 stars!!!!
Kirk Adams : Well, you could still claim fraud on the court IF they allege something that is not true - - like that you have never come through with paying rent after becoming late. If that's not true, then that would be fraud on the court as it's a misrepresentation.
got it, thanks.
Kirk Adams : ALSO, given your 20 year history, you could also claim that the "pattern and practice" of your lease agreement is that you are given time to pay even though you're late.
Kirk Adams : This is not the best argument in the world, but if you can show a history of being late and the landlord accepting payments late for several years, the juge could find that the pattern and practice is your agreement.
Kirk Adams : That's a long shot claim, but it's one you can make.
ok, they do not want me to be late anymore and that is why they made it legal....thanks ...you were incredibly helpful. :)