Eviction hearing was yesterday, they didnt show.

24 notice was given, today the Marshall's Office will force them out but I have to move the property out myself.

I filed a small claims lawsuit against them through the justice of the peace. She said she could handle up to $5,000 and it only cost $130.

She said that they dont currently have wages to garnish but it would go on file with the clerk of court. She said if they ever have any income or inherent anything I will get my money. She said it could be months or 15 years from now.

Thanks for the info.

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Posted by wickowick

Head of Island

Member since Dec 2006

46354 posts

Posted on 7/20/12 at 10:28 am to Walkertiger

If you are in LP I have the number of some Hondurans that I have used numerous times for all kinds of odds and ends stuff. They have jobs during the week but we get them on the weekends from time to time. Cost as ~$12 per hour per person. You need 2-3 for something like that. They are very hard workers. Let me know if you need their number....

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Posted by reb13

Member since May 2010

10905 posts

Posted on 7/20/12 at 2:46 pm to wickowick

Two questions for you eviction specialists out there. When you move the renters items out of the house where do you put the stuff? On the side of the road? And if they owe you money can you take their stuff as payment? Or even collateral to make them pay.

This post was edited on 7/20/12 at 2:47 pm

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Posted by rmc

Truth or Consequences

Member since Sep 2004

27361 posts

Posted on 7/20/12 at 3:31 pm to reb13

quote:
On the side of the road?

Yes.

quote:
And if they owe you money can you take their stuff as payment?

There is a privilege that landlords have over movables that (1) the tenant owns and (2) are present on the property. However, the correct way to assert that privilege is not when you are cleaning the house out. I've seen it done through a sequestration procedure where the sheriff seizes all of the stuff and stores it or has it stored until a judgment is rendered or some other order releases it, then sales it at auction after all delays and procedures have been followed. But this isn't probably economically feasible when we are talking about your typical residential lease. You have to post surety and pay for storage, along with the court cost and attorney's fees.

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Posted by Walkertiger

Asst. to the Regional Admin

Member since Nov 2007

2348 posts

Posted on 7/20/12 at 10:17 pm to reb13

Not a specialist but I went through the process this week. I was instructed to put the property as close to the curb/street as possible by the Constable. I was also told that as soon as it touched the ground, it was fair game for anyone. The constable physically removed the tenants and forced them onto the street and they were not allowed back on the property for any reason, other than packing off the property that I had just put by the curb.

I was not allowed to keep their stuff. To complete the court ordered eviction, I had to empty the house and the Constable confirmed that all the tenants property was out. I changed the locks and he turned his report in to the Justice of the Peace.

I filed a small claims lawsuit to hold them accountable. Hopefully, I collect before I die.

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