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Old 07-28-2014, 06:48 PM
 
1 posts, read 1,200 times
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I was served eviction papers and immediately called down to property management and said I would pay in full within a week. It was paid in full before the court date July 22. I was assured I was all set and need not worry about the eviction. I did call the lawyer several times on the eviction paper to see if I still needed to go to court. I never got a response. When I paid in full she said perfect cause the lawyer was coming down that day. So I thought I was all set. Now I just received papers saying failure to appear in court. I didn't know I still had to go. Now where do I stand? And what do I need to do to protect myself now. Am I still being evicted? Can I just go to housing tomorrow at court house and show receipts that I'm paid in full?
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Old 07-28-2014, 06:53 PM
 
Location: Northern Fairfield Co.
2,918 posts, read 3,229,733 times
Reputation: 1341
Talk to your lawyer, if you have one. If you don't, then go to court and talk to the clerk to find out what you need to do. Also, I wouldn't take any other advice you might get on a message board -- I would only do one of these two things. Good luck
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Old 07-28-2014, 07:06 PM
 
Location: Near the Coast SWCT
83,511 posts, read 75,277,900 times
Reputation: 16619
Quote:
Originally Posted by gypsygirl689 View Post
I was served eviction papers and immediately called down to property management and said I would pay in full within a week. It was paid in full before the court date July 22.
Not sure you'll get sympathy for that... So you pay in full after the expense, time, and stress of the landlord going through all that? We don't know the details of the events but yeah.. lawyer is what you might need, and a good judge. Isn't it better to just find a new place now? if that's even possible.
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Old 07-28-2014, 07:14 PM
 
21,618 posts, read 31,197,189 times
Reputation: 9775
Ignore everything that everyone just told you. Right now, you likely have a warrant for your arrest for failure to appear. Go to the local PD as soon as possible - and bring some cash.
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Old 07-28-2014, 07:26 PM
 
8,777 posts, read 19,858,935 times
Reputation: 5291
Quote:
Originally Posted by kidyankee764 View Post
Ignore everything that everyone just told you. Right now, you likely have a warrant for your arrest for failure to appear. Go to the local PD as soon as possible - and bring some cash.
Wouldn't she be able to find out by checking the judicial website?
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Old 07-28-2014, 07:29 PM
 
21,618 posts, read 31,197,189 times
Reputation: 9775
Quote:
Originally Posted by Stratford, Ct. Resident View Post
Wouldn't she be able to find out by checking the judicial website?
I'm not too sure - but if she got a notice for FTA, it likely says there is a warrant for her arrest. They don't play around when it comes to appearing in court.
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Old 07-28-2014, 07:33 PM
 
8,777 posts, read 19,858,935 times
Reputation: 5291
Quote:
Originally Posted by kidyankee764 View Post
I'm not too sure - but if she got a notice for FTA, it likely says there is a warrant for her arrest. They don't play around when it comes to appearing in court.
My one experience with helping a relative dispose of a FTA a few years ago was actually a joke. IMHO.

I brought him/her directly to the courthouse, they did the intake/booking, 4 hours later we walked out. No $$$ spent on bail/bond.

Forgot to mention. She/he ignored the FTA for 2 weeks.
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Old 07-28-2014, 07:35 PM
 
21,618 posts, read 31,197,189 times
Reputation: 9775
Quote:
Originally Posted by Stratford, Ct. Resident View Post
My one experience with helping a relative dispose of a FTA a few years ago was actually a joke. IMHO.

I brought him/her directly to the courthouse, they did the intake/booking, 4 hours later we walked out. No $$$ spent on bail/bond.
Interesting - that may be an option too, though 4 hours is a pretty long time. At a PD, you can usually be out in an hour, but you'd have to spend $ on bail/bond (usually).
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Old 07-28-2014, 08:00 PM
 
Location: Northern Fairfield Co.
2,918 posts, read 3,229,733 times
Reputation: 1341
Disclaimer: I always think it's a bad idea to dispense professional advice when you're not a professional -- in this instance though I am a "para" professional with experience, and so here goes nothing: What I'm almost certain the OP received is a motion for default for Failure to Appear. And if that is the case, then the failure in appearance is not a physical failure to appear in court, but rather his/her failure to file an "Appearance" form in the action (a form which advises the Court whether you are represented by counsel, in which case your attorney files the form; or in the alternative, whether you are appearing on behalf of yourself (pro se), and you personally file the form. Either your or your attorney's contact information is included on the form, including address, telephone number, etc. It lets the court & the other side know how to get in contact with you, how to serve future pleadings on you, etc.) My hunch is the Return Date of the action was July 22nd (which would make total sense because Return Dates are always on a Tuesday and the 22nd was a Tuesday) There is no physical appearance in court required on the Return Date, but rather it's the date that starts the clock ticking in the litigation. Two days after the Return Date, is the defendants deadline to file an Appearance. I bet he/she did not file an Appearance and now the plaintiff has moved to default him/her for Failure to Appear, which will not result in an arrest warrant being issued. That said I still firmly stand by my first piece of advice: go to court tomorrow and talk to the clerk.

Last edited by Lalalally; 07-28-2014 at 08:13 PM..
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