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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37040
Experience:  16 years real estate, Realtor. Landlord 26 years
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Missed my court appearance for eviction yesterday. Options..

Customer Question

missed my court appearance for eviction yesterday. Options.. lawsuit has my last name misspelled. was current and did not sign her new lease agreement as it was raised $150.00 and had to add another$150.00 toward my deposit. I have paid late in the past but paid all the late fees.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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At this point, if you missed the court date, then you would have had a default judgment entered against you. That means that the landlord can get a Writ of Possession and have it served by the sheriff and posted on the property. That would give you 24 hours to vacate or the landlord can reappear with the sheriff and physically force you to vacate and put your property out on the curb.

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So at this point, it is critical to see if you can get the landlord to accept the rent for the property to avoid being evicted. If you don't have the entire amount, including court costs, then he may not be willing to accept it, but it is worth trying.

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If he refuses to accept it at all, legally that is his right and your best course of action at that point is to try to find a new property immediately or move your things to storage temporarily so that you don't lose them by them being put on the curb..

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As for the misspelled name, unless it is something severe,....like Jones when your name is ***** ***** that wouldn't affect the eventual judgment. And it actually benefits you because the eviction would appear in the court records under the misspelled name, not your correct name..

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thanks

Barrister

Customer: replied 9 months ago.
last name is ***** ***** my lease and my checks but on lawsuit it is Gor
Expert:  Barrister replied 9 months ago.

Ok, that is a pretty big misspelling, but you would have to go in and file a motion to dismiss and then it would be up to the judge whether to dismiss the suit or whether to just amend it as a clerical error to show the correct name. Normally they will just amend it though and then you would have an eviction on your record forever.

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So if you owe the money and the landlord won't accept it, then as I said, the mistake benefits you as it keeps it off your record.

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thanks

Barrister

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