"Ask the Judge" Column continues in La Prensa of SA, 1-22

Ask the Judge: Commonly asked questions in Eviction Court
By Judge Steve Walker

In the last two week’s, you were told that every day when plaintiffs/defendants come into the Justice of the Peace Court for a hearing or trial or simple filing of court papers, there is the usual fear or uncertainty in regards to the outcome for or against either side.

You were again reminded that since Justice of the Peace Court handles misdemeanor cases to include traffic tickets, truancy, evictions, and small claims/civil, various questions are asked by those visiting the court for varying reasons.

In the two previous columns we covered traffic tickets and small claims. This week in evictions, a very common question by the landlord is basically: “how long does the tenant have before I can throw them out for non payment of rent?”

The normal answer is five days if they do not appeal to County Court. If they file an appeal it could take some time.

Another question frequently asked by the landlord is “When can I change the locks?” The answer is again after five days if the tenant doesn’t appeal.

A common question by the tenant is:”What if I don’t move out in five days?” Simple answer: the landlord can file an abstract and a constable’s deputy or two will show up at the residence of the evictee and supervise a crew to place the tenants belongings on the curb, where if left unattended can result in neighbors and others coming by and taking a tenants valuables.

Many new landlords will also ask “when will I get my money the tenants owe me?” Answer: There is no definitive answer. Depending when you evicted the tenant, it may actually take years to collect if at all! It is far easier to evict someone who owes you money, than collecting it.

When a plaintiff shows up to eviction court and the defendant fails to appear which is very common, many plaintiffs ask: “what do I do now?” When a defendant does not show up for court, the judge declares a default like any other docket and awards the plaintiff the amount he/she asked in their case. If the landlord or designee does not appear, the case is dismissed and the landlord has to re-file and start the process all over again.

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.