Judge Scheduled A Damages Hearing

**Peter Mac** · 06-11-2008, 01:27 PM

My question involves an eviction in the state of: Utah.

I recently filed for an eviction and was granted a default certificate against the defendants.

However, when I submitted my affidavit for damages and a request for judgment, the judge ordered a hearing to determine damages. I don't mind having a hearing, but the judge scheduled it two months out. My tenants recently came into a lot of money. I have to act fast if I'm ever going to see any money from them.

Judges don't realize that people like I had renting my place can burn through $100,000 in two months and I will never see anything.

Is it normal to schedule a damages hearing like this and to schedule it two months out? Or does it mean there is something I did wrong in filing for the eviction.

**Mr. Knowitall** · 06-13-2008, 05:54 AM

Apparently the issue of damages is contested, nobody requested an earlier hearing date, and that's the first date available on the judge's calendar.

**Peter Mac** · 06-13-2008, 06:32 AM

Quoting Mr. Knowitall

Apparently the issue of damages is contested, nobody requested an earlier hearing date, and that's the first date available on the judge's calendar.

It is a high number so my feeling is the judge didn't like the number and wants some proof. Does anyone know if there is a magic line in the sand where the damages seem to be too high and the judge orders a hearing?

**Mr. Knowitall** · 06-13-2008, 06:44 AM

If the amount is properly contested, the other side can get a hearing over a claim for a penny.

**lwpat** · 06-13-2008, 07:19 PM

Two months is quick. Here it can take a year or more.

**Peter Mac** · 06-19-2008, 06:42 AM

Quoting Mr. Knowitall

If the amount is properly contested, the other side can get a hearing over a claim for a penny.

They didn't contest it. The judge ordered a hearing on his own. The defendants never responded to anything the court sent them.

Two days ago I evicted those tenants. They are probably going to disappear and not show up to the damages hearing.

I can't believe it takes a year or more to get a damages hearing in your state. I used to complain about some of the problems in the Utah courts, but the more I read about how bad it is in other states, the less I complain.