What is the name of your state (only U.S. law)? West Virginia
I recently received a letter to appear in magistrate court for a default judgement. My father and I had some renters that skipped out on us and didnt play for their rent. I went to the magistrate court in late November of 2010 to have them served with papers for nonpayment of rent. They were served on December 8, 2010 and had 20 days to response. They let the 20 days go by and didnt response, so in late December I went back to the court in order to collect on a default judgement.
I received a letter in the mail tell me my court day was on January 21 , 2011. My father was unable to attend due to sickness. I go to the courthouse and noticed my ex-renters were there also. We all go into the courtroom before the magistrate and she allows my ex-renters to argue their case. I asked the question about this being a default ruling because they didnt response in the allot time period in December. They argued their case and then I was asked to argue mine. I did not think I needed to bring anything with me other than the court's paperwork. The ex-renters admitted under oath that they did live in the house or that their possesions were in the house the months in question but they should have to pay all the rent because of some on-going electrical issues that my father was trying to fix. I was asking for 566.00 dollars plus court cost and the magistrate ruled they only owed 250.00 plus court cost.
I ask the magistrate afterward about the ruling and she simply looked at me and said "My advice to you is take the money." I do not feel that this was a fair ruling but it isnt enough money to raise a big stink over. Any advice would be greatly appreicated.
I recently received a letter to appear in magistrate court for a default judgement. My father and I had some renters that skipped out on us and didnt play for their rent. I went to the magistrate court in late November of 2010 to have them served with papers for nonpayment of rent. They were served on December 8, 2010 and had 20 days to response. They let the 20 days go by and didnt response, so in late December I went back to the court in order to collect on a default judgement.
I received a letter in the mail tell me my court day was on January 21 , 2011. My father was unable to attend due to sickness. I go to the courthouse and noticed my ex-renters were there also. We all go into the courtroom before the magistrate and she allows my ex-renters to argue their case. I asked the question about this being a default ruling because they didnt response in the allot time period in December. They argued their case and then I was asked to argue mine. I did not think I needed to bring anything with me other than the court's paperwork. The ex-renters admitted under oath that they did live in the house or that their possesions were in the house the months in question but they should have to pay all the rent because of some on-going electrical issues that my father was trying to fix. I was asking for 566.00 dollars plus court cost and the magistrate ruled they only owed 250.00 plus court cost.
I ask the magistrate afterward about the ruling and she simply looked at me and said "My advice to you is take the money." I do not feel that this was a fair ruling but it isnt enough money to raise a big stink over. Any advice would be greatly appreicated.
