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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Junior Member
Last Online:
Apr 21st, 2008 12:27 PM Join Date: Apr 2008
Posts: 1
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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!!!! |
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#2 |
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Posts: n/a
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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.
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