small claims court

[leeann75]

What is the name of your state (only U.S. law)? MA
I am being evicted and my LL has told me that she plans to later proceed in small claims court to seek past due rent. If she wins and I am ordered to pay her-- there is absolutley no way I can-- what will happen? Could I possibly go to jail? I have been out of work for almost two months now and have been unable to pay any bills. I am defaulting on several accounts and am about to be homeless because I don't have any money to pay first/last/security on a new rental. At this point, I may have to file bankruptcy unless I win the lottery because I have no way to catch up. I have never been to court and am unsure what will happen if I am ordered to pay her. There is a long line waiting to recieve money from me and I don't want to add my LL to the list. If I move out before the eviction court date (12/04) will the case still be valid? Any knowledge is greatly appreciated. Thank you.

 

[FarmerJ]

You still should go to court on 12/4 even if it is only to tell the court you have vacated. Your LL still can sue you for rent owed, thats all. If in the future you must file BK then thats something to speak to a BK atty about.

 

[Cvillecpm]

Get a job * ANY JOB and start paying your bills.
Move in with friends/family until you can get back on your feet AND don't obligate for another rental home until you have made a dent in paying creditors!!

 

[MrsDC]

You could try to work this out with your LL. If your LL knows that you are out of work but you are showing some type of Good Faith (making some type of payment) you may be able to work out some type of payment plan (LL may ask for a Promissory Note). Even after you move out you should still make the Good Faith Payments. Small Claims Court offers mediation if both parties agree. If you explain your case (how you are out of work) and show that you are looking for work, you may be able to work something out. You would be required to pay what you owe and the Court can tack on interest for the unpaid balance. Getting any type of job, even if it is only temporary would help your situation, as you would have some money and could start to pick yourself back up.

Good Luck