We won ex landlord is filing a motion to vacate

robyngar · #1 Dec 5, 2007, 08:05 AM

My husband and i recently took our x landlord to court for not paying us our security deposit. she counterclaimed that we had ruined her floors and should pay for it. The magistrate ruled in our favor, dismissed her counterclaim and ordered her to pay us $2.040 by Dec 3. We got a letter from her to vacate the judgement on the ground that the court did not allow her to present any testimony in support of her counterclaims (she brought pictures of the floor, but neglected to bring statements from the bank which held our security deposit, (which we never received a copy of)) The case was already heard, i assumed that vacating judgements was for those who failed to show up in court to begin with. The magistrate has already heard our case. What is the likelyhood that they will let her plead it again??!! UGH

robyngar · Dec 5, 2007, 08:15 AM

Basically the magistrate dismissed because she didn't come to the court prepared. When he asked her if she had the statements holding our security deposit, she said she didn't, because "she didn't realize she had to bring them". Just like she "didn't realize she had to give us a copy of them" Being that the landlord/tenant laws are pretty strict in MA, i think he found it pretty hard to believe that she didn't know she had to provide us with copies of those statements. Also, i think that decided the case. She never gave us copies, period. So whether she has them or not is a moot point, we never got them, nor did we get our security deposit back within the 30 day allotted time. She basically tried to screw us from the beginning anyhow. We were only there for 2 months when she told us she was going to sell and we'd have to move....

excon · Dec 5, 2007, 08:33 AM

Hello robyngar:

There's also a time frame in which she has to file her motion to vacate and/or appeal whatever it is. Plus, it has to be based on a ruling made by the magistrate that was contrary to law - not just because she doesn't agree with his decision.

Her case was dismissed because she couldn't prove it. Yes, she couldn't prove it because she didn't bring evidence. The dismissal sounds perfectly within the judge’s discretion to do. Based upon what you've told us, she'll lose.

However, be forewarned. This lady ISN'T about to pay you willingly. Unless she's been given a STAY of execution, which she would have to move the court to grant, I would EXECUTE your judgment as quickly as possible.

Take your judgment to the sheriff or the bailiff or the constable of the court (whatever they call them in your jurisdiction), and hire him to get your money. It would help if he knew where her bank accounts and other liquid assets were.

excon

robyngar · Dec 5, 2007, 08:35 AM

Thank you!! How long does it usually take to do this, and is it costly? I knew she was going to pull some bs with us, she's a coy one...

excon · Dec 5, 2007, 08:39 AM

Hello again, robyngar:

Nahhh. They're public servants. They'll charge milage and an hourly fee. But, when they show up in their uniforms with a gun strapped on, they're HARD to refuse. If she has cash at home, send 'em there.

How long? If you go today, and they go today, her bank account will be frozen tomorrow.

excon

robyngar · Dec 5, 2007, 12:21 PM

one more question, we got notice today that we have to go back to court because well, in reality like i said, she didn't like the outcome and she didn't bring proper paperwork with her the first time so she wants a re-trial...i want to go just to laugh her out of the courthouse....but will sending a constable now do any good? Or should i wait until after the court date?

excon · Dec 5, 2007, 02:03 PM

Quote:

Originally Posted by robyngar

but will sending a constable now do any good? Or should i wait until after the court date?

Hello again:

If you have a judgment, and it has not been stayed, then it's valid TODAY. If you wanna wait, that's on you. I wouldn't.

excon

robyngar · Dec 5, 2007, 03:32 PM

Quote:

Originally Posted by ScottGem

You need to determine, as excon, noted whether there has been a stay issued on the judgement. The court clerk can tell you. If one has not be issued, then you can execute the judgement and attach her assets. (if you paid her by check, your cancelled checks should show the account they were deposited to). You should not wait if you can execute the judgement.

Thank you, you've both been extremely helpful. I will go to the courthouse tomorrow and ask if there has been a stay issued.? I'm just curious as to why i need an acct number? She has been ordered to pay us treble damages (which when all added up is $2,040 by december 3rd. My guess is she's jerking us around by filing this motion. She's a tool...(sorry) i'm just so angry about this whole thing....



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