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Old 05-25-2012, 07:00 PM
 
605 posts, read 2,146,460 times
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We are in the process of purchasing a home in NJ with tenants who are being very difficult. It has gone to court, etc. We would like to get copy of the hearing, follow up appeals, affadavits, etc.

Is this public record? Can I just go to the court house and request a file?

Thanks!
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Old 05-25-2012, 08:22 PM
 
Location: California
4,400 posts, read 13,389,968 times
Reputation: 3162
UDs (Unlawful Detainer) do show up in public records. By stating that they are being difficult and that there have been hearings, etc...I am guessing that they are in this process.

If you have, or know someone who has access to Westlaw (usually an attorney has this) you should be able to find it there and see exactly where they are in the process. Generally, court records are public records...but there is always the possibility that something has happened in the case that would restrict it from public view. No way to say for sure without knowing what has happened in the case. A charming catch-22 I am aware.

I read this, but not closely:
New Jersey Forcible Entry and Unlawful Detainer Act
and it does not appear to state that UDs are sealed in anyway.

So, maybe read this closely, decide where you think they are in the process and go from there?

Or, as dealing with the courts can be less than enjoyable if you are not familiar with the system, it may be a good idea to pay an attorney for a couple hours of his time to find the information for you.
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Old 05-26-2012, 12:29 AM
 
Location: Kailua Kona, HI
3,199 posts, read 13,391,020 times
Reputation: 3421
Simply call the clerk of the court and ask if eviction hearings are available. Most have websites nowadays where you can search by name or case number. In our state, evictions are filed as kind of a hybrid small claims/eviction so the name of the type of case may not be "Eviction", so call the court and ask.

NJ Department of Community Affairs
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Old 05-26-2012, 04:40 AM
 
Location: The Triad
34,088 posts, read 82,911,742 times
Reputation: 43660
Quote:
Originally Posted by Magic78 View Post
...with tenants who are being very difficult.
If you aren't already familiar with this term I assure you that the tenants are.
Do some reading:
Let me google that for you
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Old 05-26-2012, 04:50 AM
 
1,463 posts, read 3,265,631 times
Reputation: 2828
Quote:
Originally Posted by Magic78 View Post
We are in the process of purchasing a home in NJ with tenants who are being very difficult. It has gone to court, etc. We would like to get copy of the hearing, follow up appeals, affadavits, etc.
Is this public record? Can I just go to the court house and request a file?
Thanks!
It should be public record? Only one way to find out, call the Clerk of Courts and ask. I can't understand why people want to stay in a home where they are being evicted? I would be nervous, especially if I was purchasing a home that someone didn't want to move out of, that they were doing harm to the inside of it. Also ask if there is any way you can stop them from destroying the inside prior to them moving. You might have to end up in a full blown court case over this; they will more than likely get fined and once again you will be in a struggle to get your money.
Good luck with this and make that call!
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