Ask Experts Questions for FREE Help !
Ask
    dhalf's Avatar
    dhalf Posts: 6, Reputation: 1
    New Member
     
    #1

    Aug 18, 2007, 10:19 AM
    Eviction Summons.Do You Have To Attend?
    My friend is being evicted from his rental house. He has not paid the rent and really has no defense.

    The landlord has given him the 7 day pay or quit notice, which he could not pay. And now he has been served with a summons to appear before in court, which we know he will lose the case and be ordered to surrender the property in probably 5 days or less (this is VA).

    The question is... he is starting a new job on the same day as the court date (he's been unemployed for over 9 months) and would like to just move his stuff out and not attend the hearing where he know what is going to happen anyway.

    Is that OK to do? Can he be arrested for that, or will they just issue a judgement in his absence and if he turns over the keys to property to the owner before the courtdate, and explains that he is starting a new job, will that be cool?

    Any advice you can give would be helpful!

    Thanks,

    Dona
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
    Ultra Member
     
    #2

    Aug 18, 2007, 10:40 AM
    You are correct that if he just doesn't show up for court a judgement will be entered against him. The judgement will likely by a ruling that he is being evicted and has XXX days to be out or the landlord can pay the sherrif (or whoever performs evictions locally) to forcibly remove him and his belongings from the property. I would also expect the judgement to include any rent he owes plus court costs plus interest.

    If he can settle with the landlord prior to the court date - whatever terms they agree on - that's fine, but he needs to make sure that the landlord notifies the court that they have settled and he's dropping the case. As a landlord, I'd probably just go through with the suit at this point so I could get the judgement, since the tenant obviously doesn't have the money ready to pay what he owes.

    Does that help?
    dhalf's Avatar
    dhalf Posts: 6, Reputation: 1
    New Member
     
    #3

    Aug 18, 2007, 10:55 AM
    Yes! That helps. My only concern was making sure he could be arrested for not showing up.

    Since he's going to have to pay whatever the judgement is anyway and has no defense, we thought starting the new job was more important.

    Right?

    Thanks!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #4

    Aug 18, 2007, 11:40 AM
    Hello d:

    It's not so cut and dried as you might think. There will be a judgment entered including past due rent and late charges. However, do you trust your landlord to tell the truth about how much he owes? I don't. Plus, there could be some wiggle room as far as when the sheriff might show up.

    If your friend doesn't show up, the landlord will win everything the landlord wants.

    excon
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
     
    #5

    Aug 18, 2007, 11:49 AM
    Your friend should MOVE out, CLEAN the unit and RETURN THE KEYS to the landlord... THEN attend court and indicate that he is out of the unit so that POSSESSION is no longer an issue so that he does NOT have a UD on his record,,

    Not showing up offers the landlord the right to get a default judgement against him.
    dhalf's Avatar
    dhalf Posts: 6, Reputation: 1
    New Member
     
    #6

    Aug 18, 2007, 01:20 PM
    Thanks so much for all your advice!!

    This board is so helpful.

    I'll let you know how it turns out!

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Would it be rude not to attend party? [ 13 Answers ]

Just got invited to a surprise party to celebrate the milestone birthday (40!) of a friend of mine. My former friend is also invited and is going. I really don't want to run into her. My husband says it's rude because I saw her at school all the time and we talked, I am just not in the mood to deal...

What do you attend school for when you have a felony [ 7 Answers ]

What do you attend school for when you have a felony conviction?

Don't want to attend grad night [ 5 Answers ]

I recently got a high school graduation invitation for my niece. I don't want to attend for several reasons. I don't like to fly and they live a couple states away, I don't like my sister's in-laws, and my sister and I have a strained relationship. She attended my daughter's graduation last year...

Kentucky eviction law motion for eviction [ 8 Answers ]

Hi I really need help I bought a house for 30,000 from a lady we have just a one simple page contract basically states I paid 15000.00 dollars down In April 05' and then make payments of 400.00 a month for 36 months Contract has no sell as is in it because at time of sale we the lady homeowner...


View more questions Search