Don’t Leave It Up to the Judge!
An experienced landlord has learned the hard way about the importance of coming to an agreement with a resident or former resident PRIOR to going before the judge. Here’s the landlord’s account in his own words of what happened just this month when he and a resident went to court regarding non-payment of rent.
[IN] Had eviction court yesterday. Been 6 months since our last one.
Already had talked with the tenant and let him get a his things out couple of weeks ago. 6 month marriage gone bad.
Went before the judge. We sat at the same table. Judge grinned and said are you two together. I know Mr. LeePookie, but are you the defendant?
Yes your honor.
I am going to guess that you two have come to an agreement since I never have a ll and tenant sit together for small claims and an eviction.
Tenant answered yes and then proceeded to inform judge we had worked out agreement of $100 per paycheck garnishment.
All I said during whole time was “Thank you” when we left.
Then outside courtroom took tenant to clerk office where he would go when he can pay extra.
Then met old friend landlord in courthouse rotundum and chatted about properties and such.
Judges secretary comes out and says, Mr. LeePookie, glad I caught you, we have a $500 body attachment for Tenant CT and here is his new court date. I have been trying to collect on Mr. CT since 2016. Cha-ching!
Then stop in recorders and assessors offices just to say good morning and small talk.
Good, productive morning.
Awesome luck! Just found out here in good ol’ pro-tenant NYS that you can’t garnish anyone working less than 30 hours a week. Ridiculous.
I hear ya! That is why I keep communicating with them as much as I can.
I meet with the tenant before the time. It’s uncomfortable as heck for them but I tell them ,”let’s not let the judge decide something we both don’t want. Let’s agree on something that you can easily do. We want this off your record as fast as possible”.
They appreciate that I am not an A-hole. I then ask what they can afford to get garnished. As long as it’s something, we are good.
Get the tenant to agree to terms you both can work with.
I make the judge’s job so much easier by having it all decided. Judge doesn’t look like a bad guy, will probably get tenant’s vote in next election.
… wow I didn’t realize that. I guess it doesn’t surprise me though. Makes one wonder if that’s why they (NYS) are actually pushing the “job share” so more people can have a “job” but work less than 30 hours. There is ALWAYS a reason for their “here’s something we can all get behind”.
You know you are doing a good job when the tenant cooperates with you at court and then thanks you as you are leaving.
Outwardly, the tenant who skipped out due to marital woes seemed very cooperative; almost overly friendly. I did agree to discuss this with her at the hearing just before it was our turn in front of the judge.
Agreed to pay every month (this was on 4/13) haven’t heard a PEEP from her since.
Jonny, Yes I have no doubt that is why they are pushing job sharing. And also don’t forget, “Good Cause” Eviction legislation is being pushed through and has a target date by the end of this month.
So in NY, a tenant can work two 20 hours jobs and you won’t be able to garnish either one.
Don’t want to give our secrets away but my partner– when he files for non-pay waits for the tenant to be served. Here in GA it’s the law that you must meet with the tenant prior to judge hearing the case. The law doesn’t say the day the case is going before the judge. That’s where many miss the mark. He contacts or the tenant contacts us even before a court date is set. We explain this to the tenants and 99% of the time come to “CONSENT” which is what the court calls it and get the consent signed and notarized. Turn it into court– DONE and DONE. Our consent usually includes all the court fees- includes the next months rent. will waive any Atty fee’s as long as no court is set for tenant and we usually throw in waiving late days. HOWEVER if agreement is not abided by then an immediate writ of Possession shall issue.
Why wait til court to do the consent??? I don’t get that.