Court case "cleared"?

[STEPHAN]

What is the name of your state? FL

I filed an eviction on a tenant last year. She immediately moved out when she was served, and I filed a voluntary dismissal. I had only filed for possession, not for money. We applied the deposit and properly notified her. She only owes about $350 or so.

Now she writes me:

Hi, if I pay the balance since the eviction was dismissed can it be cleared from your end? The clerks office said I'd have to ask you all. Then write a letter to court and pay any fees I have to clear it!

I have no idea what she is referring to. The case is dismissed. How could I "clear" it?

 

[zddoodah]

I have no idea what she is referring to.

So...respond and ask her to explain herself (I agree with you that the quoted request is ambiguous).

 

[LdiJ]

What is the name of your state? FL

I filed an eviction on a tenant last year. She immediately moved out when she was served, and I filed a voluntary dismissal. I had only filed for possession, not for money. We applied the deposit and properly notified her. She only owes about $350 or so.

Now she writes me:



I have no idea what she is referring to. The case is dismissed. How could I "clear" it?

I agree with Zig but I can also tell you (from experience) that at least in some jurisdictions an eviction case can be removed from someone's record if both parties agree. She may be finding it hard to rent and therefore is willing to spend some money if you would agree to remove the eviction case from her record.

 

[Zigner]

I agree with Zig but I can also tell you (from experience) that at least in some jurisdictions an eviction case can be removed from someone's record if both parties agree. She may be finding it hard to rent and therefore is willing to spend some money if you would agree to remove the eviction case from her record.

It was zddoodah this time around

 

[adjusterjack]

Tell her yes, get your money, then figure out what to do.

 

[Litigator22]

What is the name of your state? FL

I filed an eviction on a tenant last year. She immediately moved out when she was served, and I filed a voluntary dismissal. I had only filed for possession, not for money. We applied the deposit and properly notified her. She only owes about $350 or so.

Now she writes me:



I have no idea what she is referring to. The case is dismissed. How could I "clear" it?

What is the name of your state? FL

I filed an eviction on a tenant last year. She immediately moved out when she was served, and I filed a voluntary dismissal. I had only filed for possession, not for money. We applied the deposit and properly notified her. She only owes about $350 or so.

Now she writes me:

Hi, if I pay the balance since the eviction was dismissed can it be cleared from your end? The clerks office said I'd have to ask you all. Then write a letter to court and pay any fees I have to clear it!

I have no idea what she is referring to. The case is dismissed. How could I "clear" it?

Apparently this idiot bent on extortion thinks she holds the upper hand! Screw her and her credit concerns! That 's her worry and not yours.

If I were representing you, I would have you promptly refile your complaint for a Writ of Possession. Why? Because you need it judicial decreed that she, her predecessors and assigns are forever foreclosed of any and all rights to possession, use or control of the said premises.

BUT THIS TIME had a separate count for the moneys due and owing!

PLUS, if applicable, include a prayer for reasonable attorney fees and costs as allowed pursuant to Florida Statutes Section 83.625 "Power to award possession and enter money judgment".

 

[STEPHAN]

Tell her yes, get your money, then figure out what to do.

I told her we would write a letter confirming that the case is settled and we are fully paid once we get the open $300. Let's see what she does.

It's not my problem if she can not get the desired result. I did not promise anything.

 

[STEPHAN]

If I were representing you, I would have you promptly refile your complaint for a Writ of Possession. Why? Because you need it judicial decreed that she, her predecessors and assigns are forever foreclosed of any and all rights to possession, use or control of the said premises.

BUT THIS TIME had a separate count for the moneys due and owing!

Thanks! I understand where you are coming from. If you were my attorney, I would expect that from you.

We have about 1-2 evictions per year. We know exactly how our local judges work. We only file count 1 (possession) and not count 2 (money). We usually have tenants owing no money or minimal amounts, so it would not make sense to chase former tenants once they are out.

The main factor is that we can post the summons on the door for count 1 only. Otherwise, we have to serve each tenant in person, and that can be quite a delay.

We usually have evictions fully done in about three weeks.

 

[Litigator22]

Thanks! I understand where you are coming from. If you were my attorney, I would expect that from you.

We have about 1-2 evictions per year. We know exactly how our local judges work. We only file count 1 (possession) and not count 2 (money). We usually have tenants owing no money or minimal amounts, so it would not make sense to chase former tenants once they are out.

The main factor is that we can post the summons on the door for count 1 only. Otherwise, we have to serve each tenant in person, and that can be quite a delay.

We usually have evictions fully done in about three weeks.

Then why are you here?!

 

[Zigner]

Then why are you here?!

Because @STEPHAN, a senior member on this forum, had a question come up that he didn't know the answer to.

 

[quincy]

Then why are you here?!

Sounds like a good question for a philosophy class.

Why are any of us here?

If we don’t post, do we really exist?

 

[STEPHAN]

Then why are you here?!

For two reasons:
1. Someone (a former tenant) asked me for help, and while I believe I am pretty professional in what I do, I did not know what she was talking about. I did not want to be an ashole and wanted to see if there was a way I could help her without too much hassle and disadvantages for me.

2. I take the advice here very seriously. When I first posted here some 15 years ago as a landlord, I had no clue what I was doing, and you guys pointed that out. I realized that while being a landlord is not my daytime job, it is a job that needs proper education. So, I became a licensed agent. I help others here if I can and also ask questions, as we never stop learning.

 

[Bali Hai Again]

For two reasons:
1. Someone (a former tenant) asked me for help, and while I believe I am pretty professional in what I do, I did not know what she was talking about. I did not want to be an ashole and wanted to see if there was a way I could help her without too much hassle and disadvantages for me.

2. I take the advice here very seriously. When I first posted here some 15 years ago as a landlord, I had no clue what I was doing, and you guys pointed that out. I realized that while being a landlord is not my daytime job, it is a job that needs proper education. So, I became a licensed agent. I help others here if I can and also ask questions, as we never stop learning.

Agree!

 

[Litigator22]

For two reasons:
1. Someone (a former tenant) asked me for help, and while I believe I am pretty professional in what I do, I did not know what she was talking about. I did not want to be an ashole and wanted to see if there was a way I could help her without too much hassle and disadvantages for me.

2. I take the advice here very seriously. When I first posted here some 15 years ago as a landlord, I had no clue what I was doing, and you guys pointed that out. I realized that while being a landlord is not my daytime job, it is a job that needs proper education. So, I became a licensed agent. I help others here if I can and also ask questions, as we never stop learning.

If as you claim, "it doesn't make sense to spend energy chasing rental arrearages from tenants once they are out", then what's the sense in spending energy in attempting to interpret and comply with the conditions imposed by this tenant that don't make sense?

 

[FarmerJ]

Stephan yes it would be great if you can get the money you are owed BUT some future landlords will still learn that you had to file and they wont give a darn and still refuse to rent to her only because a past landlord of hers had to file to get her out.