R|ReLo #12: long story - comfy courtroom chairs
the longer version of the short version? just some additional events to highlight, compliment and 'splain stuff.
BEFORE
- room 604 for court appearance at 10:30
- us = pat, mom, self (on-time, btw), glenn, lawyer-man
- them = tenant (pro per)
- others (just happened to be there for their own court biz) for what looked like a high school mini-reunion = police-guy, glenn's l'il bro, friend of pat + friend's wife
- us = sit around in the comfy courtroom chairs wondering where our lawyer is when the clerk and judge call our court case
[from MartiniArt LLC]
- lawyer-man shows up at 10:30:53 (or something like that)
- lawyer-man tells clerk & judge he & tenant will be chatting
- judge lets them talk and asks that they notify clerk when ready for judge (who then goes into his chambers)
- lawyer-man + tenant go out into hallway to chat
- we (the us) sit around in the comfy courtroom chairs entertaining ourselves and catching up with police-guy and listening to police-guy's near death stories
- lawyer-man + tenant return to the courtroom to let clerk know that there is not an agreement (o.k. - not legal lingo, but you get the point)
- judge calls lawyer-man + tenant into chambers
- lawyer-man + tenant leave judge's chamber
- laywer-man comes back to our comfy area (drum roll, pah-leez)
- tenant wants jury trial
- jury trial scheduled = 03/28 (tues) in the AM
- lawyer-man to our scoped out comfy area to tell us tenant's position and 'splain the jury trial circumstances
- jury trial = time + money + time + weekend preparation + money + paperwork filing + time, etc.
- lawyer-man to hallway to chat with tenant some more and see about getting other option(s) on the table
- we sit around in the comfy courtroom chairs re-hashing our options and perplexed about tenant
- i am rescheduling my coming week in my head
- lawyer-man back to our comfy place to tell us tenant will be out by april 21, no jury trial, etc.
- we decide that is fine and also ask about afterwards - options to recoup tenant's past-due rent (not eligible for small claims) - we talk amongst ourselves and chat (cut/paste: http://www.angelfire.com/tv2/coffeetalk/amongst.wav)
- lawyer-man goes back into the hallway to talk with tenant
- lawyer-man comes back to our comfy place
- tenant does not like the added language to provide him and us with future options
- tenant willing to go to jury trial
- peeps are getting restless ... we step into hallway with lawyer+man
- laywer-man tells us our main options
- agree to delete the added language, which means tenant out by april 21, or
- we can keep the language, which means we likely would go to trial, or
- variants of main options
- we go into hallway with lawyer-man and talk amongst ourselves to review options in more detail
- door #1 - april 21, no trial, no options to recoup money; if tenant not out by april 21, writ of possession begins; tenant out by end of april
- door #2 - jury trial - unknown result - tenant may prevail, we may prevail
- jury trial = time + money + time + weekend preparation + money + paperwork filing + time, etc.
- mom says "jury trial" (btw, that was a surprise to me)
- lawyer-man + mom + rest of us back into court room; tenant already in court room
- lawyer-man informs clerk; clerk gets judge
- lawyer-man + mom + tenant sit in that area in front of the judge (i don't know the name of the area), while we are behind them in the comfy chairs
- judge asks for status; lawyer-man explains no agreement reached with tenant
- judge asks tenant for explanation; tenant explains about not being in agreement with added language
- judge asks tenant more questions
- tenant agrees to accept the additional language
- decision is made final
- paperwork prepared
- copy given to lawyer-man, who will fax me a copy
- April 21 = tenant must vacate property
- Writ of possession = process engaged if tenant does not leave property
- Sheriff + Locksmith + us = go to property to take possession, change locks
- Abandoned property = if this happens, lawyer-man directs what must be done (e.g., value, auction)
PHEW!
posted by shirlnutkin @ 12:15 PM
6 Comments:
Nice, thorough recap of the court appearance. I'm so glad to hear that there won't be a jury trial anymore. That's a big relief. BTW, the links to the comfy places were pretty funny.
ama ... thanks for checking in! yeah - no jury trial - but there were a few moments, though less than a minute, where it was dicey.
and thanks for checking out the comfy places, too!
Man, I wonder what the judge said to change the guy's mind around...
anon ... IMO ... it was how he spoke that may have influenced the tenant. just listening to his words and questions, it was simply an "explain yourself" situation. if one wanted to read into it ... it could have sounded like ... "EXPLAIN YOURSELF. NOW."
know what i mean, jelly bean?
ok, i visited the blog. i want some comfy chairs, too, but that is the extent of my cleverness, so I never post on your blog.
I'm not understanding how that tenant has any rights at all in this deal. How can he possibly not pay back rent, in addition to getting his ass out of your mom's property?
(Great description of the hearing, btw)
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