Ask Me Help Desk - Missed court date

Missed court date

Hello! Here's my story...

I was on a month to month contract at my old apartment. I just recently moved on Nov. 23. I told my landlord that I was moving but she filed against me, meaning I had to go to court. My rent was $440 a month. Problem is I missed my court date because I didn't receive the papers until the day of. So I get another paper in the mail saying that I owe $880. That's 2 months rent there! She never took off the security dep either which was in the amount of $550. I can understand if I owe the $440 cause I just moved out but the security dep should have covered that!

But anyway, is there a way that I can reschedule my court hearing? Or what happens if I don't pay it? Its not like Im living in her property. The court papers even say "If money is not paid by eviction date then the landlord recieves her property back". I don't live there anymore.

Now my mom has a lot of experience with being evicted and getting court papers in the mail. She told me that it doesn't matter whether you pay it or not. Im not living in the property. She said its nothing to worry about. I trust her on this because she's been through this PLENTY of times.

Any advice? Oh and I live in PA. Thanks!

Quote:

Originally Posted by HotPotato2009

I missed my court date because I didnt recieve the papers until the day of.

Now my mom has alot of experience with being evicted and getting court papers in the mail. She told me that it doesnt matter whether you pay it or not. Any advice?

Hello Hot:

Yes. Do NOT listen to your mother. She's bonkers...

Of course, if you don't have a job where they can garnish your wages, or you don't have bank accounts where the money can be seized, or you don't care about your credit rating, she's right...

Proper service should allow you ample time to prepare for court. If it didn't, and you say it didn't, service was improper. Go back to the court and file a motion to vacate the judgment due to improper service. The clerk should help you.

excon

Oh OK thanks

What does a motion to vacate mean?

Hello again, H:

It's what the piece of paper is called that asks the judge to take back the judgment. The clerk will help you.

If not, just write a letter explaining exactly what you said above about WHEN you received the papers, and ask the judge to reverse it and ask him to consider your letter a motion to vacate. Give it to the clerk, and send a copy to your landlord. The letter would be your "motion".

excon

OK thank you for that. Should I send a copy to the landlord of what I write to the judge?

Quote:

Originally Posted by excon

Give it to the clerk, and send a copy to your landlord.

Hello again, Hot:

See above.

excon

OK

Hello again, Hot:

DON'T argue your case in your letter. Save that for court. Write ONLY about the DATE you were served, and the DATE of the hearing. Then, ask the judge to vacate the judgment.

That's ALL. Make it really, really simple for the judge.

excon

Quote:

Originally Posted by excon

Hello again, Hot:

DON'T argue your case in your letter. Save that for court. Write ONLY about the DATE you were served, and the DATE of the hearing. Then, ask the judge to vacate the judgment.

That's ALL. Make it really, really simple for the judge.

excon

All very good points made by excon. Just to add a few...

Just because you're "not living" on the property anymore doesn't mean you're not liable to pay the debt. If the default judgment is not vacated, then you still owe it. And depending on your state, it may very well show up on your credit report.

Yeah I have it all taken care off for now. My boyfriend called the landlord and she deducted the security dep from what the total balance of $992. She said we can make payments and she will let the court know once its paid off that we paid so it doesn't mess up our credit.

Im going to make sure that I keep all receipts for these payments that we make to her... for proof.