Gwen,
Gotta know YOUR judge.
3 recent evictions and observing a few others in MY Bartholomew County, Indiana court in Sept:
-Courthouse is closed to the public so we must call for an appointment to FILE. Entrance security guards check the appointment list , my temperature, mask, a list of questions about being around someone with Covid etc, and metal detector before allowing entry.
-ALL offices have glass barriers at the counters.
-Clerk is not taking cash or check for filing fees. Credit Card with 3% fee only.
-Only a few chairs for waiting in the hall, spaced far apart.
-Cases are 15 minutes apart
-Tables are now 10 feet away from the judge with no extra seating. I stood rather than touch the furniture.
-Cannot "hand" a paper to the judge or clerk. It must be mailed. (what's the diff??) So submit all your photos, etc in advance.
CAUTION: Review each piece of evidence including the actual lease clauses aloud in court. Just because it is submitted does not mean it will be considered. What you say and show in the hearing is more important that what you submit. I learned this the hard way.
-MY judge announced "this case was FILED after the Govnr's moratorium was lifted and before the CDC moratorium was enacted, so this court will handle this case normally."
-MY court is providing the CDC AFFIDAVIT/DECLARATION on a table in the courthouse entrance AND the court website. (the form to instantly halt eviction and tie the LLs hands due to Covid)
-We (our association) is asking the court to stop providing this as it is giving free legal advice, and if submitted, the court must allow us to challenge it with documentation as any piece of evidence.
I had 2 res try this but both lied on the form which is fraud and punishable by prison. We gently asked them if they had read and understood the prison thing.
-I HIGHLY recommend convincing the res to sign a MOVE OUT AGREEMENT form and giving that to the judge. I did that with 2 of my evictions to avoid ANY discussions/arguments in court. Done right, 90% of evictees will cooperate.
(my form also includes an agreement to the money they owe plus $1000 for clean up, a payment plan, and a permanent forwarding address for future legal notices.
The 3rd who wanted "their time in court" were no shows. I SHOULD win based on a no show. Submit a MOTION FOR DEFAULT JUDGMENT. I submitted that form because I always have one prepared in case of a no show, and I shifted the reason away from non-payment of rent to lease and health/safety violation. Judge evicted on those reasons. Whew!
I asked for possession the next day because they were already moving out that morning, he gave them 2 days.
-They were on SSI so no loss of income due to Covid. In fact they got 2 $1200 checks so they should have been current! But I did not want to risk the judge honoring that with all the CDC's protection for "non-payment of rent".
-At the end the clerk no longer hands me a paper with the judgment. I have to receive it by email.
-We still tape the judgment to their door and follow up accordingly.
-Never assume the res knows the CDC law and move forward. There is always lease clause they are violating.
-Another court allowed eviction because they lease had ended and the LL had asked them in writing to move out. Some Month To Month with a large holdover rent might be a help in these wacky times.
Hope this helps!
BRAD
--73.102.xxx.xxx