Eviction process continued …
Trial: CONTESTED MATTERS: If the case is contested, you will have to go to trial. You can expect that trial will take an average of two hours of your time. Generally, the judge will ask landlord and tenant to settle the case three times before judge will hear the case. Landlord or representative will need to bring the following to trial:
- The person who served the notice;
- Your rent receipts (pay or quit cases);
- All written complaints and correspondence with the tenant concerning problems with the unit (pay or quit cases);
- All receipts and repair records for the unit (pay or quit cases);
- The evidence which backs up your reason for evicting the tenant (30 Day Notice Cases).Judgment & Writ:After the facts of the case have been presented to the court, the court enters a Judgment either for the landlord or for the tenant. The Judgment is a document prepared by the landlord or his attorney and presented to the court for the Judge’s signature.
The court clerk then issues a “Writ Of Execution” based on the judgment. This is the document which empowers the Marshal to execute upon (collect on) the judgment.
Regaining possession of the property:
After issuance of the Judgment and Writ is delivered to the Marshall for execution. At that time, the Marshal is also issued instructions to execute & the Marshall’s execution fee is paid.
The Marshal then goes to the property and posts a 5-day notice on the door. This notice advises the tenants that the Marshal will return in five days to remove the tenants from the premises if they are not gone by that time.
At the expiration of the 5-day period, the landlord meets the Marshal at the property. If the tenants are still on the property, they are removed at that time, the tenants are instructed not to return, and the landlord is then in a position to change the locks.
POST-POSSESSION ISSUES …
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