WORLD Law Direct Forums  





Go Back   WORLD Law Direct Forums > Real Estate & Property Law > Landlord vs Tenant Issues
REGISTER FAQ SEARCH Today's Posts Mark Forums Read
Personal Lawyer Legal Forms Calendar

Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

what is my next step in the eviction process?

Consult Your Own Personal Lawyer Now!
Reply
AddThis Feed Button
 
Thread Tools Search this Thread Rate Thread Display Modes
Old Apr 21st, 2008, 11:35 AM     #1
Junior Member
 
sonseeker's Avatar
 
Last Online:
Apr 21st, 2008 12:27 PM
Join Date: Apr 2008
Posts: 1

Default what is my next step in the eviction process?

I have already posted the 3 day Pay or Vacate, filed and served the Eviction Summons, Eviction Complaint and Motion and Affidavit for Order To Show Cause. The 7 days have passed and the tenant has not responded.
I need to know what steps to take next. I know that I need the Writ of Restitution to have him moved out, can I get this without a hearing? I believe it is called exparte, where I file it through the exparte window and they have the judge sign it. Can I also have them do this for the judgement? Also, what forms exactly do I give to the clerks exparte office when I am trying to do all this?
I am looking forward to some great help, so I can get on with this and start garnishing the $6,000. owed to me.
THANKS!!!!
sonseeker is offline   Reply With Quote
Old Apr 21st, 2008, 06:58 PM     #2
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Default Re: what is my next step in the eviction process?

I can't give you exact advice since I don't know where you are. Your best information would come from the clerk of court herself. Call and ask to speak to her. Ask what forms you need, what copies/documents you must bring, how much money do you need to file, and if you can get the judgment without the tenant showing up for a hearing. (You usually can, but you cannot get it through the same process. Normally, you need to have the tenant served with the small claims paperwork, then you do need to attend a hearing to set the judgment amount, even if the tenant doesn't show up.) Just keep in mind that getting the judgment is usually much easier than getting the actual money. These tenants often quit their jobs as soon as you start garnishment. Then you have to find them to start garnishment again.
  Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Add Forum to Google Toolbar | Format Your Messages

Posting Rules

Similar Threads
Thread Thread Starter Forum Replies Last Post
can a step father marry his step daughter after wife dies? alphapiitm Other Family Law Matters 1 Nov 16th, 2008 12:11 PM
eviction process Unregistered Landlord vs Tenant Issues 3 Jul 15th, 2008 11:23 AM
Adoption Process top_admin Legal Help 0 Mar 22nd, 2008 11:36 AM
Collection process Jason Debt Collection 1 Jul 22nd, 2007 10:59 AM
legal process...? Unregistered Child Custody & Support 3 Mar 1st, 2007 12:05 PM


All times are GMT -5. The time now is 07:36 PM.


Subscribe

Use of the Forums is subject to our Disclaimer which prohibits unapproved advertisements, solicitations or other commercial messages, and false, harassing or abusive statements. All postings reflect the views of the author but become the property of WORLD Law Direct.

Questions and information submitted in the Forums are assumed inquiries for general information and not legal advice.

Copyright 2000-2009 by WORLDLawDirect.com, Inc.