Money Judgment (by Dave [MI]) Jan 20, 2021 12:10 AM
Money Judgment (by Cat [WI]) Jan 20, 2021 1:37 AM
Money Judgment (by John... [MI]) Jan 20, 2021 9:09 AM
Money Judgment (by Dave [MI]) Posted on: Jan 20, 2021 12:10 AM Message:
In Michigan, if a landlord requests a money judgment at the time of filing the complaint for nonpayment of rent and pays an additional filing fee, but the landlord is unable to obtain personal service over the tenant, just attached the complaint to the front door and both landlord and tenant show up in court, does the landlord get a money judgment because the tenant did show up in court?
(Note: I am aware the money judgment can be adjourned to a later date or the landlord can file again at a later date against the tenant in small claims or district court.)
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Money Judgment (by Cat [WI]) Posted on: Jan 20, 2021 1:37 AM Message:
I am not sure about your state, but I know in my state and o others, the tenant has to sign the eviction notice for court, to show that she received it.
Otherwise it is in the records as no service.
I would NOT put in a money judgement until you are sure they are out. If you put a certain amount of money as money damages and then tenant destroys something or stays in the unit even longer than you think they will, you can lose a lot of money. It is best to wait until they are out and locks are changed.
Just because the tenant shows up in court, it does not mean that they have moved out or plan to move out anytime soon. The tenant, even though in court, could say they never got the eviction notice and there would be no proof they did, if they did not sign for it. --50.105.xxx.xx |
Money Judgment (by John... [MI]) Posted on: Jan 20, 2021 9:09 AM Message:
Cat: It works differently here. We have one form that combines the possession request with the money judgement. You can sue again later in small claims if you need more (i.e. damages above the security deposit), but for the eviction itself, the state wants it all together. So you end up with a money judgement for all of the back rent and then rent up until eviction day.
Also, this post is a duplicate. See more here: www.mrlandlord.com/landlordforum/display.php?id=14585481
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