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I received a notice of a default judgment in the mail. What should I do?
If you wish to contest the default judgment, you should immediately come to the housing court and file a motion to remove the default and serve a copy on your landlord or his or her attorney. Include an explanation of your side of the case and why you were not in court on the trial date.
The execution is the document that authorizes the actual eviction. If the court finds in favor of the landlord, you will have 10 days from the date that the clerk’s office enters judgment to file an appeal. If the judgment did not include a stay of the execution, on the eleventh day, the landlord can request one.
I lost my case in court and the landlord has obtained an execution. Will I receive any further notice before the landlord uses the execution to have me moved out?
Yes. You will receive 48 hours written notice of the date and time the constable or sheriff will move you as well as the name and address of the storage facility where your belongings will be stored.
If I am moved out pursuant to an execution, what happens to my belongings?
The constable will store the property in a licensed storage facility. That facility must keep the belongings for at least 6 months. Whatever licensed storage facility accepts your property will have an automatic lien on it for reasonable storage fees and expenses of removing it to the place of storage. The landlord will pay in advance the moving expenses and 3 months storage fees. The landlord (and the storage facility) can then charge the tenant for the moving and storage costs. If you, as the owner of such personal property, are present when the officer removes it, you may claim it to prevent the belongings from being removed to the storage facility.
I was the defendant in a court case and there was a judgment against me for money. I paid the judgment, but it still shows up as a debt on my housing and credit histories. Is there anything I can do to prove to a future landlord or creditor that I no longer owe the judgment?
Yes. You can ask the other side to sign and file with the court a satisfaction of judgment form. If he or she will not do this, you can file a motion with the court to ask the judge or clerk to find that the judgment has been paid.