What if I can't pay to move tenant for execution? : ezLandlordForms

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Kenneth B

started a topic over 14 years ago

Had court Sept 25th in MA. Date rescheduled to Oct. 6th because no judge for the trial. She did not provide an answer so discovery to me gone. She vacated on Sept. 6th but left half her belongings behind so she still has possession. My question is once execution of eviction is granted what will happen if I inform the judge my family is currently busted and no funds available to pay a moving company? I told our attorney our position and she said "ok" but I didn't follow up and ask her what a judge will say to this. Anyone ever dealt with that issue? Tried mediation and it became apparent she wants us to move the balance of her stuff...not happening!!

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Donald G

said over 14 years ago

Ken , your lucky there out , how much would it cost you to move them yourself , do it yourself, and get rid of the headache, I had a tennant that stsayed and went down the code book every time they did not have money. it was small things but they are code violations like a leaky window , Get rid of your headache,

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Kenneth B

said over 14 years ago

In MA you can not touch their belongings in any way shape or form. In MA to fulfill the eviction you must hire a constable, moving company, and store at bonded warehouse...none of this street side stuff nor can the landlord assist in the move. There is another avenue my attorney is taking, if just not sure if it will work. We have Board of Health and Animal Control complaints, fleas infestation, and odors to high heaven. My attorney wants to get the apartment condemned in hopes that since the bonded warehouse refused to take the stuff it can be tossed in the dumpster. My idea is to levy the balance of belongings for back rents, legal fess, and then toss the stuff...if a judge goes for either idea. I know what I'd think if I were a judge and the case came before me. I'd be saying, "You moved out Sept 6th. and here we are Oct. 6th and half your things are still there"? Obvious malicious game and I would let a low life play the system like that.

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Donald G

said over 14 years ago

What county are you in , Judges are real smart when it comes to scams and trash .

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Kenneth B

said over 14 years ago

Worcester. The case is being heard in Orange District court. I sat in judge Ross's court room a few weeks back to find out what sort of judge he is. Real low key easy going judge. Listens to argument most would think irrelevant or petty...I was very surprised at the time he gave for each case and the arguments he listened to. My attorney claims he's going to squash any attempt the defendant my make because she failed to file an answer on the required date. With judge Ross I could see him listening to a her reason why she didn't file and answer and then allowing her make her statements.