So you just received an Eviction Notice. I know it's heart breaking. No one wants to come home to a letter plastered on the outside of their door for all their neighbors to see. Well that can happen if your not at home and someone summons you to court in regards to rent possession. If you have fallen behind on your rent and are unable to catch up you may be in the red for an eviction notice. Of course, an eviction can not just happen because you missed a few payments. An eviction occurs when the courts rules in favor of the landlord during a civil property possession suit.
Evictions are never easy circumstances. People get evicted for many reasons. Loss of job, death, new management, city condemns the property, and who knows whatever other reasons a person can get evicted for. Bottom line if you do receive a summons to appear in court in regarding a civil suit between yourself and a landlord the first thing you want to do is answer the summons. The worst thing you can do is ignore court papers with your name on it.
The court normally sends documents certified mail and/or your landlord may hire a process server to deliver the important court documents to assure that you will receive the documents. A Process server is important because the server has to note who they left the documents with and a signature is required. Sometimes if you are not at the residence the process server will leave a notification that they have been to the residence and may make a second attempt. I have noticed normally that a process server is not necessary at all times because documents are able to be received through certified mail which is another method that guarantees that the person receives the important documents.
Stalling an eviction is quite easy all you have to do is answer all court proceedings and do everything you can to negotiate and plea your case. I have noticed that people think that if they don't go to court they can't get evicted. To be honest this is the fastest way to get evicted. If you do not show up for court then the case falls under the category of default judgement and the Judge will most definitely rule in favor of the landlord. This will grant the landlord access to their property in days.
Another way to stall an eviction is to Answer the eviction accusations. If you receive a court summons there will be a Judgement request letter in the back. This document has what the landlord is suing you for. This letter normally states when the lease was started, when payments stopped, and/or whatever other request or reasons the landlord is requesting rather it be money or the property back. If you have discrepancies you will want to answer these accusations against you. You can do this by filing the appropriate paper work with your state civil court house. Once you answer an eviction claim the clerk will notify the landlord and attorneys assigned to the case therefore this will ignite a court date to strictly answer questions to the claim not for scheduling necessarily an actually eviction date.
Stalling an eviction is for your benefit it will give you time to search for another place, and possibly pack your items in case things don't go your way. You definitely don't want to be sitting around thinking that you will not loose your place of residence. Being prepared is always a good thing. Normally when your in court in regarding an eviction you really don't get a chance to speak with the judge. When you show up there is normally an attorney there that will be speaking with you in regards to what the landlord is requesting. The landlord most of the time doesn't even show up to court. They send their lawyer instead. When speaking to the lawyer keep in mind they don't care about your hardships, your job loss, or any death in your family that may have led up to an eviction summons so don't wear the lawyer down with reason after reason why you have fallen behind.
A way to stall an eviction is to tell the landlords attorney what you want or need up front. To do this first you must determine what you want out of this eviction case. Leaving an eviction with no money judgement should be one thing that you request. The reason I say this is because it very hard getting evicted and having to find another place to stay at the same time there is a public record of a recent eviction. It just doesn't work. One important request to make to your landlords attorney is time. If you plan on not staying and you know that it would be in your best interest to move you want to make a time frame request to move. Simply ask the landlord for 30 days to move. Making this simple request may be bold but hey it works. The lawyer will try to say no the landlord will not go for that but request for 30 days to move. Ensure the landlord that in the 30 days you will hand over the property and the keys and walk away. To be honest not all landlords are the devil and they just may agree. If your landlord does agree you just stalled yourself 30 more days
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