MYOB I need some clarification. Regarding post I made and your reply. Your reply post MYOB others Garnishment (by myob [GA] Posted on: Dec 21, 2020 7:28 AM.

A little background. I took tenant to small claims court for back rent only. Kind of a newish judge and he dismissed the case and said I needed to bring the case back in associate court as rent and possession. Tenants had already moved out.

So now I had to hire a lawyer. At hearing judge said he needed to take the case under advisement and told my lawyer to submit a proposed Judgement. Here is partial copy of judge’s docket sheet. (Case taken under advisement. Attorney for plaintiff to file proposed judgment with the court for judge to review.)

I want to give some ideas to my lawyer to put into his proposed judgment. I like what you had put in your previous post.

Just wondering if you have a copy of one of your papers you give the judge that you would share with me. I am a little like 6X6 with the English difficulty.

I understand that you :

Reinforce what amount of money you are asking the court to grant you and then the amount you are willing to settle for if tenants agree to and fulfills the agreement. (You used the example - they Owe 9000 will settle for 4500)

stipulation payments can't be late

We will waive collection fee

we will waive the interest

we will waive court cost.

we will waive attorney fee (maybe not)

Stipulation also says if payment is missed total debt is due.

MYOB You are a pretty smart cookie. Help requested. I need to try to get this together, printed out and give to my lawyer by Monday 11-29-21.

Input and ideas from anyone else gladly accepted.

Following

Mike, get your judgment first and then negotiate or if you want to give them an incentive to make monthly payments you could stay interest as long as monthly payments are made.

In our state and I think others the case is filed first before you negotiate terms. From what you wrote the original amount you asked for was NOT all the rent. Now you have the additional rent owed -- to the time of re-rent if you had a contract the tenant skipped out on. Possible you are confusing what is owed with negotiating. I don't know the circumstances of why the tenant owes you more money?

Have well documented WHAT is owed for the judge-- if rent is all your claiming have the lease and documents ready to submit to the judge. If you are claiming damages be sure you followed your state law in how you came to that amount and that notices to tenant were sent out in a timely manner and within the guidelines of the state law. Your suit for judgment should show what is owed and what was deducted from the S/Dep. I say this from past experience: the judge will say what part of the law shoud the court uphold- the part for the LL or just the part for the tenant. Be sure you did your part.

So your atty will submit the doc's to the judge-- the judges here will ask have you tried to WORK THIS out. Most say NO. The judge will then instruct you to meet outside the court and come to an agreement. This is where you set your stipulations-- just as you posted above. Get what you can but also put in stipulations as you mention-- if you miss payments all will become due.

WE ALL KNOW they won't keep up the agreement-- they never DO. Give the moon to them and you'll be the winner in the courts eyes.

When you put in your offer what you will do if the tenant refuses have you atty submit what the tenant didn't want to sign. The judge can now determine what you offered and the judge will now decide what to give or take away. Again you don't give anything when you first file the suit.

Mike you don't file for possession-- A Dispossessary isn't needed since the property's not in their possession.

Mike, be sure to add the 30% collection fee + attorney fees + 9% interest rate on your list of charges. If you try to add later, it will likely be disallowed.

Thanks to all who replied

I have written my letter to my attorney listing what I want him to include in his (our) proposed judgment. I will call him in the morning and try to make arrangements to go to his office and present to him my letter with my thoughts.

Yes 6x6 an older judge might be a better choice but we do not have many judges. small back wood county.

Dave. thanks for the input. Judge is wanting a proposed judgment so he doesn't have to make a decision (I guess). This was a tax sale house so they have already paid me for the house. I just want my rent money. And as MYOB suggest I want to look good in the eyes of the court.

Ken. Not sure if I can fiddle around with the judge. They have long memories. (grin)

MYOB. Case had a hearing. Judge wants to take it under advisement so he ask for proposed judgment.

Rent is all I am claiming (except court cost, sheriff fee, etc.)

No damages being claimed.

I have a very detailed spreadsheet of when rent due, when rent paid, days late, amt due, amt paid, late fee, etc. Automatically shows and prints in red if payment is late or if none made.

I had not given anything away to start off with. Only with this proposed judgment. Giving a lot away and thinking (as you mentioned) tenant will miss a payment.

Sisco. Thanks for the reminder of 30% collection fee. I usually do my own garnishment and collection paperwork. I have listed it as “30% collection fee each time garnishment paper work has to be filed. Idea came from our MO court CV92 & 93. I wanted “each time” as they usually quit their job and then I have to start over. Also even though MO has continued judgment you have to refile the CV 93 every 6 months

You have your plan and when the plan is executed things will fall into place.

You can't negotiate while submitting your debt owed to the court.

Rent, fees, court cost, collection fees and interest on unpaid debt get jumbled into our thoughts. There is a process and you need ORDER when laying it out.

Tenant owes this amount of rent: court cost to date of filing: attorney fees:That's your base claim. Collection fee 25%: interest on debt 15%.

Now comes the WHAT I can do: the STIPULATIONS. Plaintiff will agree to the following: (just examples) I will accept 75% of the debt, no collection fee, and waive interest -- as long as defendant agrees to this payment PLAN (you need that ready the plan) Defendant also agrees to make payments promptly the 15th of each month for this plan too remain in force. Should defendant default the whole debt above will become due.

I do hope your attorney is a RE type court atty and not a Joe blow?

Thanks MYOB

I think I am ready to talk to my lawyer as soon as he is available.

As to the type of lawyer we only have 2 in the town. Neither is strictly an RE attorney. Sometimes in these small towns you take what you can find.

This relationship started back in August of 2016. I was a fairly new beginner at that time and I know I have made lots of mistakes. I'm just trying to salavage what I can.

With this being a tax sale purchase tenants have paid me well above what I have invested in the house. To keep my sanity I am looking at it as Maybe I am not losing money, I am just not gaining as much as I could

Thanks MYOB

I think I am ready to talk to my lawyer as soon as he is available.

As to the type of lawyer we only have 2 in the town. Neither is strictly an RE attorney. Sometimes in these small towns you take what you can find.

This relationship started back in August of 2016. I was a fairly new beginner at that time and I know I have made lots of mistakes. I'm just trying to salavage what I can.

With this being a tax sale purchase tenants have paid me well above what I have invested in the house. To keep my sanity I am looking at it as Maybe I am not losing money, I am just not gaining as much as I could

Thanks MYOB

I think I am ready to talk to my lawyer as soon as he is available.

As to the type of lawyer we only have 2 in the town. Neither is strictly an RE attorney. Sometimes in these small towns you take what you can find.

This relationship started back in August of 2016. I was a fairly new beginner at that time and I know I have made lots of mistakes. I'm just trying to salavage what I can.

With this being a tax sale purchase tenants have paid me well above what I have invested in the house. To keep my sanity I am looking at it as Maybe I am not losing money, I am just not gaining as much as I could

Thanks MYOB

I think I am ready to talk to my lawyer as soon as he is available.

As to the type of lawyer we only have 2 in the town. Neither is strictly an RE attorney. Sometimes in these small towns you take what you can find.

This relationship started back in August of 2016. I was a fairly new beginner at that time and I know I have made lots of mistakes. I'm just trying to salavage what I can.

With this being a tax sale purchase tenants have paid me well above what I have invested in the house. To keep my sanity I am looking at it as Maybe I am not losing money, I am just not gaining as much as I could

Mike to you an all our fellow LL's. you must know the Landlord Tenant law better than you tenant-- period. All should sit in on dispossessary court a few times to learn what is going on and how to handle it.

Thanks MYOB.

I agree with knowing the landlord tenant laws better than my tenant and going to other court and setting in at times. I have done that before.

Right now have an agreement to meet with another landlord who is going to show me how they do there associate court stuff. Meeting hopefully sometime next week.

One of my problems is that each county does court just a little different.

I have properties in 7 different counties and it makes it a little tough And then you get a new type judge Which adds to the problem

will be looking forward to your post about ASSOCIATE COURT????

MOYB we do not have mediation court. However, a court can send (request) you both go to a lawyer and try to do mediation.

Missouri courts are divided into three groups

1) The trial courts (has three levels. 1- the circuit courts, 2- associate circuit courts and 3)- municipal courts). These three are your everyday local level courts. Judges are just lawyers who want a fancy title. Includes Small Claims Court among others. Max judgment you can ask for in SCC is $5000.

Associate circuit court is about the same as the Small Claims Court except a little bit more formal in the court procedures. You can represent yourself and you can file for a judgment up to $25000. However if you don’t know the court procedures you need a lawyer. They can throw the case out if you don’t know when to say “yes your honor” or “yes your majesty) (smile)

2) Appellate court (the Missouri court of Appeals These are the courts that people can move up to if they disagree with the local trial courts. Missouri has three regions of Appeals courts. These courts are mostly just done by briefs that participates provide to the court but either party can request an oral hearing.

3) Supreme Court of Missouri. The BIG dogs

If you remember one of my post from earlier I am sucked into the court of Appeals. I bought a tax sale house and owner (who happened to be a lawyer before he was disbarred) has been fighting the tax sale for about 3 years. I have been able to do all my own court defending except for this court of Appeals gig. I finally broke down and hired a lawyer. The court can throw your case out for the slightest of mistakes. You don’t use the right type of font in your paperwork, or not the right point size, you don’t list four previous court cases in order to defend your points to consider. Lots of other minor stuff but it has to be right.

Go here to read more Understanding Missouri Courts | Free Self Help Legal Information for Missouri Residents (rchp.com)

Hope this gives you some insight

Again THANK YOU for your help

Also thanks to the others who gave suggestions

for you lawyers and legal beagles out there. feel free to improve on this short description.