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  1. #1
    Join Date
    Jan 2009
    Posts
    4

    Default Eviction Now Complete but

    My question involves an eviction in the state of: NJ

    My eviction of my tenant for non payment of rent is now complete. He claimed he did not receive any court papers, but the court officer who was here told him he served them at his door, so that takes care of that hopefully.

    Anyway I get a call from my lawyer stating he went down to the court after being evicted and tried to show a bogus receipt stating that I accepted rent. The receipt was dated 1-30-2008 that he had and said the word “Loan” on it so the judge threw it out.

    My lawyer told me to be prepared however if this person tries to file a motion. The motion will probably have to be of a different cause since this bogus receipt thing was just shot down by the judge. Plus the motion would have to be granted by a judge.

    Are motions hard to file? Do you need to know basic legal stuff to fill them out? I am wondering b/c the tenant doesn't read or speak English that well and if he tries something I want to be prepared.

    My other concern is going to be my bank statements. He has not paid me since Nov 2008. I have been depositing cash into my account almost weekly since mid December for a variety of things. If this gets back into court will I have to prove what each deposit was? I do have a side business in addition to my full time job that I get cash for. I can always have a few letters from customers if needed.

    Any advice on this would be appreciated

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Eviction Now Complete but

    Quote Quoting giacona
    View Post
    My question involves an eviction in the state of: NJ

    My eviction of my tenant for non payment of rent is now complete. He claimed he did not receive any court papers, but the court officer who was here told him he served them at his door, so that takes care of that hopefully.

    Anyway I get a call from my lawyer stating he went down to the court after being evicted and tried to show a bogus receipt stating that I accepted rent. The receipt was dated 1-30-2008 that he had and said the word “Loan” on it so the judge threw it out.

    My lawyer told me to be prepared however if this person tries to file a motion. The motion will probably have to be of a different cause since this bogus receipt thing was just shot down by the judge. Plus the motion would have to be granted by a judge.

    Are motions hard to file? Do you need to know basic legal stuff to fill them out? I am wondering b/c the tenant doesn't read or speak English that well and if he tries something I want to be prepared.

    My other concern is going to be my bank statements. He has not paid me since Nov 2008. I have been depositing cash into my account almost weekly since mid December for a variety of things. If this gets back into court will I have to prove what each deposit was? I do have a side business in addition to my full time job that I get cash for. I can always have a few letters from customers if needed.

    Any advice on this would be appreciated

    I understand that you are upset.

    Remember that judges are not stupid people. You where handed a court order in your favor. I really doubt that your tenant can file a supreme court action on his own, but you never know.

    Again, just be honest and you will prevail. The courts are used to tenants like yours.

  3. #3
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Eviction Now Complete but

    Well I just heard from my lawyer and he was able to get legal aid to help him. They are applying for an order to show cause. My attorney is saying the issue is that the receiept numbers are close together. But all I may need to do is show that I don't give receiepts in numerical order. Plus the judge has to approve the order and the judge yesterday denied it b/c the receipt had the word loan on it. So we shall see if a different judge feels differently or not. This was early this morning and my lawyers has not heard anything from the courts yet, nothing faxed or any calls.

    In addition he is bringing up the fact that there is no stove. Ihave to papers from the town showing proof that I cannot have a stove in the downstairs kitchen. I do have a police report filed for when he put it back, but after he was evicted yesterday I removed it. There was no stove in the downstairs kicthen when he moved in and I was clear to him it could not be there.

    If they rule in his favor, what is the worse case secenrio here? Would I be liable for a civil penalty? Would I have to let him back in? My attorney is preparing a 30 day notice to quit to hand him in court if they do rule in his favor.

    I do not feel safe with him in the house. I had to tempoarly move back with my parents b/c he is violent, and abusive. I was threatened by the tenant, he yells, screams and spits in my face. I went to the local PD & they said they could not do anything unless he physically hurts me. He also thereated to kill my dog with poison if he gets the chance I am afraid of him in my own home. I also have proof he intentially broke the theromastat. If he wins this can I apply for an emergency order of protection?

    What are my options, please advise



    This is just odd b/c he did not show up for the original non payment of rent court date nor did he contest the eviction when the notice was served. Now all of a sudden, he pulls this after he gets evicted.

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