consents (by myob [GA]) Jun 12, 2019 9:58 AM|
consents (by DJ [VA]) Jun 12, 2019 10:10 AM
consents (by Sisco [MO]) Jun 12, 2019 10:23 AM
consents (by S i d [MO]) Jun 12, 2019 10:30 AM
consents (by myob [GA]) Jun 12, 2019 11:48 AM
consents (by Robert J [CA]) Jun 12, 2019 12:12 PM
consents (by Nicole [PA]) Jun 12, 2019 4:02 PM
consents (by elliot [RI]) Jun 12, 2019 6:55 PM
consents (by CJ [MO]) Jun 12, 2019 7:54 PM
consents (by Vee [OH]) Jun 12, 2019 8:15 PM
consents (by Ray-N-Pa [PA]) Jun 14, 2019 7:41 AM
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consents (by myob [GA]) Posted on: Jun 12, 2019 9:58 AM
Do "you all" work the courts (OR IF YOUR FROM HERE ga "yau'll")?
By that I mean beat them at their own game. Most states when you go to court with a tenant, require that you try to iron it out, before seeing the judge. We've taken that a step forward. What I mean by that-- we make a "Consent" before even going to court. So base line is: file for non pay-- tenant waits till last minute to answer-- to drag out time-- court date is set-- maybe 2 weeks from time the tenant answered. We call tenant and say that since their time is valuable and the judge will make us try to work it out before court -- how about we do that now? Almost 100% agree. So we fill out a consent-- everyone signs-- with dates and amounts to catch up. The form is brought to the court clerk-- no appearance in court is necessary now that they have signed consent.
There are several best parts of this: #1 your not sitting in court, #2 your not answering any questions from judge-- who is judging you before even hearing the case #3 the second they miss any of the consent deadlines-(which is usually immediately) you get the writ of possession -- no standing in front of the judge. Reason for Writ? "Failure to comply with court consent agreement.
NOW WHO'S DRIVING THIS BUS?
This has save many lawyer fees and many many hours in court waiting on the same outcome the consent has given-- and 2 weeks prior to the court date.
We had one judge question this when we first started doing it. We pointed out that we're doing exactly what the law instructions-- work it out first-- so now that we work it out why do we need to come to this court? No problems since.
consents (by DJ [VA]) Posted on: Jun 12, 2019 10:10 AM
This post give us just a hint of the depth of your experience and expertise.
Way to go! --68.10.xxx.x
consents (by Sisco [MO]) Posted on: Jun 12, 2019 10:23 AM
I have (usually do) get the defendant to sign consent agreement in the courthouse before court is in session. It is important to have ALL anticipated expenses included, lack of preparation is costly. --72.172.xxx.xx
consents (by S i d [MO]) Posted on: Jun 12, 2019 10:30 AM
I believe Brad 20K has advocated this strategy for several years now, and it's good to see others doing it. If I went to court myself, I'd try it.
As it is, my attorney usually does try to negotiate with the tenant in the hall. He's from an eviction mill firm, so if he's got 3 cases spread apart over the morning, he'll start with the one scheduled the latest and work back from there....let's him go back to the office earlier if he's successful.
We've never lost a case, so it's one of those deals where if I were having more problems with it I would push it harder. In 14 years, I've only had to go to court to testify 4 times, I think. So far I'm satisfied with this process. For you DIYers, great work. Sounds like you're having lots of success! --173.20.xxx.xxx
consents (by myob [GA]) Posted on: Jun 12, 2019 11:48 AM
I posted an answer to Sid but it's missing now? was there something wrong with it? I hate writing and then find it missing-- at least if there was something amiss you could let me know? --99.103.xxx.xxx
consents (by Robert J [CA]) Posted on: Jun 12, 2019 12:12 PM
We are required to go into the hallway and try to make a deal. If we do, our case will be heard in order. If one of us refuses to make a deal, our case will be placed last on that days calendar. Then the attorney can charge for another 1/2 day session.
My last eviction we had agreed the tenant would be given 30 days to move out and owe no money. But if the tenant was there after midnight on the 30th day, he would owe all back rent and legal fee's.
So on the 31'st day, I got the local police to help me enter the unit still occupied by the tenants, with half of their stuff still inside. I took pictures and got a signed police report.
My attorney went to court and the tenants showed up. They told the judge they were out! It just took them a few extra minutes.
The judge was going to accept the tenant statements because "tenants don't lie only landlords do in eviction court"!
I had my attorney use his smart phone and connect to another tenant with a live video streaming of that tenants apartment still having loads of furniture and a car parked in their spot.
The tenants said that wasn't their car. I had with me the tenants application listing that vehicle as theirs. So the judge said, "If you are not out by tomorrow, then I have to come back to court to get a money judgement.
You have to understand that even if I got a money judgement the tenants have no money, they spend everything on junk and always go into credit card debt--only to declare bankruptcy and start the process all over again. --47.156.xx.xx
consents (by Nicole [PA]) Posted on: Jun 12, 2019 4:02 PM
I love being in Pennsylvania. Rent's not paid. We file. Hearing set. Unless they are hospitalized or something along those lines, they don't get to ask for an extension. The judge doesn't "work it out". Rent is paid or it's not. Time frames are spelled out in the statutes... other than Don in down in Philammunism. --72.70.xxx.xx
consents (by elliot [RI]) Posted on: Jun 12, 2019 6:55 PM
We call it stipulation.. has to file for eviction and then the lawyer drafted it out with the tenant..
My typical homemade one is for them to agree to move out.. I do a payment plan agreement like you mentioned, but it has no teeth.. still have to go through eviction if they don't follow through --108.34.xxx.xx
consents (by CJ [MO]) Posted on: Jun 12, 2019 7:54 PM
What if they change mind after consents? Why is the consents are different from the lease agreement we all signed? --97.91.xxx.xxx
consents (by Vee [OH]) Posted on: Jun 12, 2019 8:15 PM
There is something like that in my big city court, but seldom does the tenant shows and my first response is -we have an agreement in writing that isn't working already- and I stay at the bench, all the magistrates hav seen me several times so they know why I am here, the payments are not working - why prolong the pain? Is the judge going to co-sign? Why meditate - on that door it is spelled mediate but I have meditated and it isn't making me feel good, let's get to the writ today... --76.188.xxx.xx
consents (by Ray-N-Pa [PA]) Posted on: Jun 14, 2019 7:41 AM
I am with you Nicole.
I don't like lets make a deal. I just want to either get paid or to have someone's behavior modified. --24.101.xxx.xx
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