0
If you have a court order for an eviction that has not had court date does that show on records?
Wiki User
∙ 13y ago
My question to you would be, how did they get a court order without first having a hearing? Either you never got the notice and they had the hearing without you, or something else is wrong with this as you have to have a hearing. That is part of the eviction process. Check into all the areas of this eviction and see WHY you weren't notified of this hearing. And yes, if they had the hearing it would show on the records as part of the case.
Get the docket number (the number that the court stamps on your paperwork) for the unlawful detainer action filed against you, in which you are the defendant. By "has not had court date" means it did not go to TRIAL, same thing happened in my case. Means there WAS probably no order entered, but here's how you check:
Google the name of the court and see if your venue (your courthouse) is listed there. Then go to "case summary" for your court and see if you can enter that docket. If you can, the computer will give you a free view of the entire list of events in your case, start with that.
Then call the court and ask them if you can file a MOTION TO DISMISS.
The lawyer who advised me last month that old dormant cases are "automatically dismissed" on presentation of a request for dismissal is in error.
In LOS ANGELES SUPERIOR COURT, for instance, you have to bring a noticed motion, this consists of a notice, points & authorities, declaration, and proposed order. you have to serve plaintiff with this. you have to pay a filing fee (now $40 in LA) and you need a hearing DATE. When you go to the hearing, tell the judge that you MOVED/SURRENDERED, if you have and ask for the court to dismiss the action.
If there is an ORDER for eviction and you are still on the premises, and you need a TRIAL to argue for more time or inhabitable premises, then you need to do a MOTION TO VACATE JUDGMENT and explain to the judge why the order should be vacated: because you are entitled to a trial. Either way you need the docket to see what is going on. If there was a trial, you have to be there, if you were not court may have taken your DEFAULT and issued an order of eviction. You can fight that if you were never served with a notice of hearing/trial date. Plaintiff has the burden to serve you.
For the lawyer who told me dormant cases are automatically dismissed, that may be true in his state, in California, this is the law:
[1] Section 583 requires a dismissal of an action if it is not brought to trial within five years after it is commenced, and authorizes a dismissal, within the discretion of the trial court if it is not brought to trial within two years. As the time passes from two years nearer and nearer to five, the showing required to justify a failure to bring a case to trial grows greater and greater. [2] In this case we find no abuse of discretion in the order made. It is affirmed. (from Membrila v. Vonett Co. 250 Cal.App.2d 299)
***************************************************************
In my case, there was no court order. The case shows "pending." A DEFENDANT can only file a noticed motion. I did file and serve plaintiff's counsel of record, via process server, in Los Angeles, and a hearing is now on calendar to dismiss. Plaintiff had 15 days to file and serve his objection to my motion. I've not received any objection to date, and I served him January 31 and filed same day. It's now been 19 days, he's lost his right to object, and judge will likely dismiss, but not until next month, because court has no independent authority to dismiss a case even if it is inactive, until FIVE years have passed, that's the law in California.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
If a landlord filed an eviction then dropped it before the court date is it still on the renter's record?
No. But it may still be in the court records forever, filed under the names of the parties.
How long do you have to vacate the premises when evicted in Ohio?
You should review the court order. It will recite the date by which you must vacate. See related link for more information regarding eviction in Ohio.
What happens if your renters do not move out after you filed an eviction?
They will have their day in court and then will be ordered by the court to leave. You can then enforce this using the local police/sheriff, after the appointed date for them to be out.
What can you do you rented your house to friends and gave them two months to move out but time is up and their stuff is still there?
Give them written notice you will take legal action to remove them and their possessions by a set date. If they're still there after that date - get an eviction order from the court.
How the Eviction Process Works?
Eviction is an ugly and scary process. People who are facing eviction have rights that are often overlooked because fear has gripped them. Each state has different eviction laws and some towns/cities have local laws that can help a person in danger of eviction. Eviction is the act of a landlord forcing a person to leave a home or business for of lack of payment for past due rent. The process is a long and arduous one for people who are going through it. The first thing that has to occur in most states is the tenant's failure to pay rent. There are several other reasons that someone might be evicted from the home as well. Other than owing rent, the tenant must follow the lease to the letter to avoid eviction. If the lease allows only one person to live in the dwelling (home) and there is more than one person living there, the landlord can evict the tenant. If the lease says "no pets" and a pet is living in the home, the landlord can evict the tenant. The landlord has to take the case to court in order to obtain an eviction. The most common type of eviction is for non-payment of rent. The landlord cannot file for an eviction until the day after the rent is due. As soon as the rent is past due, even by one day, the landlord has the right to file in court. After the landlord files the paperwork, a court date will be assigned. The court date is generally about two weeks from the date the landlord filed. If the rent is paid prior to the court date, the tenant does not have to appear in court. If the tenant does not pay, he or she can show up in court to state why he or she did not pay rent. The eviction process will likely go in favor of the landlord. The tenant will be sent a notice, in most cases, after the police are contacted and an eviction day is set. The police will escort the landlord to the home and the eviction process will take place. The only way to stop eviction in this case is to pay the rent prior to the eviction date. In that case, the tenant will be able to remain in the dwelling. If the three orders of eviction are given by a judge in a one year period, it results in an automatic eviction in most states.
If you respond to an eviction notice and pay the rent owed to the court is it possible to have the eviction stopped?
Answeryes it is possible to have the eviction stopped all you have to do is talk to your landlord and tell them that you will pay the money and if you pay it before or on your court date most likely they will let you finish out your leaseAnswerProvided that you were given the proper pre-eviction notices (as required by your state's laws), the landlord is not required to dismiss the eviction lawsuit after it has been filed. Even with full payment, the landlord can demand that you vacate and surrender the property.If after a eviction notice is filed and landlord accepts payment (in full) from you the eviction becomes null and void. They can only evict you for non payment and you have to be in non payment status at the time you go to court. However, if you have the money to pay your rent in full prior to the court date, the landlord has the right to refuse the payment.
What is the site for free court records lookup in Minnesota?
You will be able to search FREE Minnesota Court Records through Minnesota Trial Court Public Access or Minnesota Bureau of Criminal Apprehension. Between the two databases you can search by name, date of birth, case or citation number or date.
What is stipulation agreement in eviction case?
A stipulation in an eviction is a agreement where the landlord and tenant agree to something, such as a move-out date, payment of rent for dismissal of the eviction, etc.
Where can you get court records?
Your local court house. Go to the Clerk of the Court. Please go prepared with the name of the case and the approximate date(s) of the trial. Unless it has been sealed by court order, you should be able to look over the file, but NOT REMOVE it from the courthouse. Some courts may allow you to photocopy the information. ------------------------------------------ Many courts now have case records available online; check the court's website to see what is available. See the related link below for court clerks' location and contact information, court websites, and links to online court records.
What is an outstanding judgment on a credit report?
An outstanding judgment is a court order that gives a creditor the legal right to collect from a debtor. As court judgments are a matter of public record, a creditor can report the judgment on the debtor's credit reports. An example of a judgment placed on a credit report would be a judgment for eviction. This judgment will remain on the credit report for seven years from the filing date.
On 6 23 14 judgment for an eviction agaisnt me was given Will i be given 30days notice after that or what happens?
If an eviction notice has been given to you, the proper process is that a court date would be set. If you have a hardship such as a newborn baby or taking care of a terminally ill relative, the court may grant you the permission to stay. If the court decides that you were negligent on paying your rent, you will be given at least a 30 day notice to vacate.
What happens during eviction court?
An eviction proceeding is one in which a landlord is petitioning the court to force a tenant out of his home, either for violating the terms of the lease or non-lease agreement, or, most commonly, for non-payment of rent. After proper notice is given to the Tenant by the landlord, called a Statuatory Notice (of about 3 to 5 days depending on your State), the landlord may file eviction proceedings. In Florida the tenant has then five days, excluding holidays and weekends, to answer the Summons for Eviction. This answer must be accompanied by cash or money order for the rent involved, and given to the Clerk's Office of the court. The money is placed into the Registry and a hearing date is set. If the hearing date is set at a time after the next rent is due then the judge will order the Tenant to pay that additional rent to the Clerk's Registry in order to continue the process. If the Tenant does not appear in court, does not pay the rent into the Clerk's Registry, or otherwise loses the case, a judgment will be entered in favor of the Landlord, and the Tenant will be given 24 hours to vacate the premises. If the premises are not vacated after the 24 hours is up, the Landlord hires the Sheriff's Department to force the Tenant out of the home. An eviction process takes about 3 weeks to one month in Florida or South Carolina. In other states it could take longer.
