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Old 03-20-2017, 07:28 PM
 
11 posts, read 8,787 times
Reputation: 10

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Quick Overview:

Florida eviction.. Tenant was going to be evicted for Non-Payment of rent, Landlord/Tenant agreed on a Stipulation that was going to be 3 time payment plan.

Fast forward to now where the Tenant Defaulted in Stipulation, Landlord filed for the Eviction judgement. Writ of Possession was issued and fulfilled. Document online shows cops showed up w/ Landlord and took possession of property. It even states Tenant was "physically removed."

My Question:

But there is another form filed same day (Satisfaction)... It's called "Plaintiff's Notice of Satisfaction of Judgement."

It states..

1. The Final Judgement for Eviction entered in this Court on... for.... has is hereby Satisfied.

2. This satisfaction is given freely in consideration for the payment of the judgement and the Plaintiff hearby notifies all the world that this judgement is paid and satisfied and the Defandant is forever released from this judgement.

What does # 2 mean? It also says tenant was sent a copy of this document to the actual address they were evicted from. I am really confused because it sounds like #1 is saying the eviction happened and that order is satisfied, but then #2 makes it seem like tenant paid and all was waived.

Does anyone understand? Does the 'satisfaction' mean it won't hit tenant's record?


Thank you!!!
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Old 03-20-2017, 09:01 PM
 
Location: Raleigh
13,713 posts, read 12,439,565 times
Reputation: 20227
It sounds like it means the plaintiff considers the matter closed and that he won't be coming back for more, etc...
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Old 03-21-2017, 03:58 AM
 
10,746 posts, read 26,026,661 times
Reputation: 16033
Quote:
Originally Posted by FriendInNeed View Post
Quick Overview:

Florida eviction.. Tenant was going to be evicted for Non-Payment of rent, Landlord/Tenant agreed on a Stipulation that was going to be 3 time payment plan.

Fast forward to now where the Tenant Defaulted in Stipulation, Landlord filed for the Eviction judgement. Writ of Possession was issued and fulfilled. Document online shows cops showed up w/ Landlord and took possession of property. It even states Tenant was "physically removed."

My Question:

But there is another form filed same day (Satisfaction)... It's called "Plaintiff's Notice of Satisfaction of Judgement."

It states..

1. The Final Judgement for Eviction entered in this Court on... for.... has is hereby Satisfied.

2. This satisfaction is given freely in consideration for the payment of the judgement and the Plaintiff hearby notifies all the world that this judgement is paid and satisfied and the Defandant is forever released from this judgement.

What does # 2 mean? It also says tenant was sent a copy of this document to the actual address they were evicted from. I am really confused because it sounds like #1 is saying the eviction happened and that order is satisfied, but then #2 makes it seem like tenant paid and all was waived.

Does anyone understand? Does the 'satisfaction' mean it won't hit tenant's record?


Thank you!!!

It doesn't matter where the satisfaction hits, that tenant will have a heck of a time renting with an eviction on their record.
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Old 03-21-2017, 09:30 AM
 
2 posts, read 1,820 times
Reputation: 10
Hey friend. Reading up on your prior posts and the history of this to try and understand. It sounds like under legal terms the judgment was satisfied but I don't understand how cops and a court order can show up to physically evict someone but yet they weren't evicted. Did they pay the back rent on the spot? If the court entered the writ of possession and it was executed, makes no sense how they got out of it. How can one be legally evicted but not actually evicted? I would say if the judgment was paid it wouldn't go on someone's credit report but not sure that's the case here. Either way, from your prior posts these tenants have been given a lot of chances.

Is your friend and his roommates wanting to stay there? You mentioned him moving into his own condo and subleasing but it makes no sense why the other roommates would willingly not pay rent. They don't own property and even if they did, having an eviction/judgment is bad for your credit all around. No one should ever not pay rent/get evicted but it sounds like it was done willingly which is perplexing (and a bad decision). Were they trying get evicted by just not paying rent (the roommates) or was it really a financial issue (i.e. Couldn't pay)? I would be surprised if this somehow didn't effect their credit history.
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Old 03-21-2017, 05:54 PM
 
33,016 posts, read 27,464,007 times
Reputation: 9074
Quote:
Originally Posted by FriendInNeed View Post
Quick Overview:

Florida eviction.. Tenant was going to be evicted for Non-Payment of rent, Landlord/Tenant agreed on a Stipulation that was going to be 3 time payment plan.

Fast forward to now where the Tenant Defaulted in Stipulation, Landlord filed for the Eviction judgement. Writ of Possession was issued and fulfilled. Document online shows cops showed up w/ Landlord and took possession of property. It even states Tenant was "physically removed."

My Question:

But there is another form filed same day (Satisfaction)... It's called "Plaintiff's Notice of Satisfaction of Judgement."

It states..

1. The Final Judgement for Eviction entered in this Court on... for.... has is hereby Satisfied.

2. This satisfaction is given freely in consideration for the payment of the judgement and the Plaintiff hearby notifies all the world that this judgement is paid and satisfied and the Defandant is forever released from this judgement.

What does # 2 mean? It also says tenant was sent a copy of this document to the actual address they were evicted from. I am really confused because it sounds like #1 is saying the eviction happened and that order is satisfied, but then #2 makes it seem like tenant paid and all was waived.

Does anyone understand? Does the 'satisfaction' mean it won't hit tenant's record?


Thank you!!!

I take it to mean tenant was successfully evicted (landlord regained possession) and tenant paid the judgment, therefore has no outstanding financial obligation to landlord. The fact that the judgment was entered puts it on the tenant's record, so it will remain and appear in future screening.
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Old 03-21-2017, 06:09 PM
 
33,016 posts, read 27,464,007 times
Reputation: 9074
Quote:
Originally Posted by KSliving View Post
Hey friend. Reading up on your prior posts and the history of this to try and understand. It sounds like under legal terms the judgment was satisfied but I don't understand how cops and a court order can show up to physically evict someone but yet they weren't evicted. Did they pay the back rent on the spot? If the court entered the writ of possession and it was executed, makes no sense how they got out of it. How can one be legally evicted but not actually evicted? I would say if the judgment was paid it wouldn't go on someone's credit report but not sure that's the case here. Either way, from your prior posts these tenants have been given a lot of chances.

Is your friend and his roommates wanting to stay there? You mentioned him moving into his own condo and subleasing but it makes no sense why the other roommates would willingly not pay rent. They don't own property and even if they did, having an eviction/judgment is bad for your credit all around. No one should ever not pay rent/get evicted but it sounds like it was done willingly which is perplexing (and a bad decision). Were they trying get evicted by just not paying rent (the roommates) or was it really a financial issue (i.e. Couldn't pay)? I would be surprised if this somehow didn't effect their credit history.

Weird things can happen when multiple roommates are involved. In these situations, 'joint and several' liability usually applies, and puts every roommate on the hook for the entire rent. Since multiple-roommate living means multiple opportunities for an individual default, this is risky for all roommates, some of whom might be able to cover their own share of the rent but unable to also cover someone else's share, e.g. the injured roommate is willing but unable to cover the defaulter's share. Sometimes the injured roommate is able to cover the shortage but unwilling to do so, but given the high impact of a judgment/eviction/credit hit, I think nonpayment is usually a matter of capacity rather than character.
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