[s_cianci]

Comments on this post
ProjectAdvisor disagrees: I have been both a landlord and I roommate. I have changed the locks for non-payment of rent and the courts later up help my decision. This was not something that I made up.

If this is true then there has to be some extenuating circumstances that allowed the court to go along.

One thing that I think a lot of people overlook when discussing legal issues is that there is such a thing as judicial discretion. Now whether judges are legally "allowed" to exercise such discretion I'll leave up to those more knowledgeable than myself. But, lawful or not, it does happen, that's the reality of the situation. Whether it's out of arrogance or out of a conscientious desire to truly administer justice as they see fit or maybe even a combination of the two I really don't know. Personally I'd like to think it's the latter. But regardless, anyone who's going to have dealings with the court system, whether as a plaintiff, defendant or lawyer, has to be prepared for such possibilities, regardless, of what "the book says" or what "my lawyer says."

[JudyKayTee]

One thing that I think a lot of people overlook when discussing legal issues is that there is such a thing as judicial discretion. Now whether or not judges are legally "allowed" to exercise such discretion I'll leave up to those more knowledgeable than myself. But, lawful or not, it does happen, that's the reality of the situation. Whether it's out of arrogance or out of a conscientious desire to truly administer justice as they see fit or maybe even a combination of the two I really don't know. Personally I'd like to think it's the latter. But regardless, anyone who's going to have dealings with the court system, whether as a plaintiff, defendant or lawyer, has to be prepared for such possibilities, regardless, of what "the book says" or what "my lawyer says."

A ruling from ANY Judge which ruling is not in conformity with the Law can be appealed and that appeal can be won.

I do not see "judicial discretion" being an out for a decision contrary to law.

I have a suspicion that if the actual circumstances of the situation are posted the Order/Judgment is in conformity with the Law.

I do not understand why an eviction was heard in Small Claims Court.

[N0help4u]

In my county small claims is what does evictions.

[JudyKayTee]

In my county small claims is what does evictions.

I certainly believe you - you always know what you're talking about and you've set me straight a number of times - :) - but all I can find is that the matter is heard by a Magistrate. There is no housing court/eviction court in your County?

Before I give out more bad advice, do you have a section of Law or something on this?

I continue to be amazed -

[N0help4u]

The small claims court where I live has a magistrate and also called district court.

The closest thing I know to housing is the sect 8 and they don't have any court.

They do everything traffic violations, criminal,
Housing, etc... but usually some criminal cases are sometimes sent downtown by the actual hearing from what I understand.
Housing and traffic rarely get sent downtown unless you get the ticket downtown.

28 cases make a slow day for district justice
She is a real railroader and everyone is discouraged from going over her to appeal their case even by their lawyers

These are the other district courts.
http://www.alleghenycourts.us/direct...trict_justices

[ScottGem]

The small claims court where I live has a magistrate and also called district court.

The closest thing I know to housing is the sect 8 and they don't have any court.

They do everything traffic violations, criminal,
housing, etc......but usually some criminal cases are sometimes sent downtown by the actual hearing from what I understand.
Housing and traffic rarely get sent downtown unless you get the ticket downtown.

28 cases make a slow day for district justice
She is a real railroader and everyone is discouraged from going over her to appeal their case even by their lawyers

These are the other district courts.
Magisterial District Judges | Offices

I suspect the real answer here is not that evictions are heard by Small Claims court, but that the magistrates court hears, small claims, evictions and other civil actions.

[JudyKayTee]

If the Magistrate does hear all types of cases that does not mean eviction is heard in Small Claims Court - it means the same Judge sits in Small Claims Court and whatever other Court there is.

I'm continuing to see what I can see -

[N0help4u]

All I know is that they have district courts that hear ALL the cases and some eventually go downtown to the Allegheny County court.
They do the evictions too because I have known a lot of people that were always getting evicted and they went down to the district court.

**Child Protective Services has Family court and everything goes directly through them
And there is a traffic court only if you got a ticket from a Pittsburgh police otherwise it goes to the district court.

[N0help4u]

JudyKayTee agrees: I can only IMAGINE the backlog that the Court faces.

Basically you walk in the lawyers say a couple sentences. The Judge charges you and you walk out. Its all predetermined and you rarely get to even have a say. You are in and out within 5 minutes usually. Kangroo court!