"Ask the Judge" Column continues in Sunday's La Prensa, 9-11
Ask the Judge: Revisiting the Eviction Docket
By Judge Steve Walker
For the past 27 weeks “Ask the Judge” has addressed numerous issues under the jurisdiction of the Justice of the Peace Court. One of those is the Wednesday Eviction Docket which we addressed in week 5.
For me it is one of the most difficult dockets I deal with since taking office. The number of evictions has recently escalated due in part to the sagging economy and lack of jobs. The most recent statistics show no job growth which in turn forces many tenants to choose between buying food for their family and paying the rent.
In Pct. 2, we briefly cover the procedures with everyone in the courtroom before each case comes in front of the bench, to expedite the process. Anyone involved in the proceedings is allowed to state their case, present their facts and re-butt the other side when they disagree, in an orderly manner.
Out of those increased cases before the bench, only a handful of defendants have been able to show some form of documentation that verifies that they paid their rent and should not be evicted. Normal documentation usually includes rent receipts or paperwork of some kind with signatures verifying the rent was paid.
The rules are simple. When the landlord (owner, manager, lawyer or designated person by management) and tenant come forward to the bench, the plaintiff usually requests a tenant be evicted for failure to pay monthly rent and be awarded a monetary judgment for the unpaid rent on the dwelling. However, the plaintiff is allowed to ask for rent only or repossession only, or both. By law, the plaintiff can not include late fees.
Should either side lose the case, he/she has five days to appeal to the County Court for retrial before another Judge to include posting a bond. While the case is under appeal, the defendant is still required by law to continue to pay rent until the case is settled.
If the defendant does not appeal, he/she has those five days to vacate said premises. If the tenant fails to leave in a timely manner, the plaintiff must file a writ to authorize the constable’s deputies to forcibly remove the tenant and his/her belongings such as furniture, clothing etc. and put on the street away from the property.
Recently I accompanied one of the Pct. 2 Constable’s Deputies on a forcible removal where the tenant’s belongings were removed from the premises and placed on the curb. While it is the law, it was distressful to me to view up close someone’s personal property being disposed in such a manner.
If a defendant doesn’t show up for court it is an automatic default for the property owner. If the plaintiff doesn’t show up for court, the case is dismissed. However, the plaintiff can re-file, but must pay the additional court filing fees.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
By Judge Steve Walker
For the past 27 weeks “Ask the Judge” has addressed numerous issues under the jurisdiction of the Justice of the Peace Court. One of those is the Wednesday Eviction Docket which we addressed in week 5.
For me it is one of the most difficult dockets I deal with since taking office. The number of evictions has recently escalated due in part to the sagging economy and lack of jobs. The most recent statistics show no job growth which in turn forces many tenants to choose between buying food for their family and paying the rent.
In Pct. 2, we briefly cover the procedures with everyone in the courtroom before each case comes in front of the bench, to expedite the process. Anyone involved in the proceedings is allowed to state their case, present their facts and re-butt the other side when they disagree, in an orderly manner.
Out of those increased cases before the bench, only a handful of defendants have been able to show some form of documentation that verifies that they paid their rent and should not be evicted. Normal documentation usually includes rent receipts or paperwork of some kind with signatures verifying the rent was paid.
The rules are simple. When the landlord (owner, manager, lawyer or designated person by management) and tenant come forward to the bench, the plaintiff usually requests a tenant be evicted for failure to pay monthly rent and be awarded a monetary judgment for the unpaid rent on the dwelling. However, the plaintiff is allowed to ask for rent only or repossession only, or both. By law, the plaintiff can not include late fees.
Should either side lose the case, he/she has five days to appeal to the County Court for retrial before another Judge to include posting a bond. While the case is under appeal, the defendant is still required by law to continue to pay rent until the case is settled.
If the defendant does not appeal, he/she has those five days to vacate said premises. If the tenant fails to leave in a timely manner, the plaintiff must file a writ to authorize the constable’s deputies to forcibly remove the tenant and his/her belongings such as furniture, clothing etc. and put on the street away from the property.
Recently I accompanied one of the Pct. 2 Constable’s Deputies on a forcible removal where the tenant’s belongings were removed from the premises and placed on the curb. While it is the law, it was distressful to me to view up close someone’s personal property being disposed in such a manner.
If a defendant doesn’t show up for court it is an automatic default for the property owner. If the plaintiff doesn’t show up for court, the case is dismissed. However, the plaintiff can re-file, but must pay the additional court filing fees.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
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