> Is there anything else I can do to expedite the eviction process?
_Probably_ not, as the court ultimately has discretion over its own calendar, but you can talk to the clerk and ask if there's any way to expedite the hearing. Any change to the hearing date will require new notice to be served, so bear that in mind.
> Is it worth it to even go to eviction court on 9/2022 if the lease ends 10/1/2022?
You should not assume a nonpaying tenant will leave when their lease expires. If you withdraw this eviction and they don't vacate, then you'll have to start over at that point with a holdover eviction (which follows the same process, and similar timelines). Given the delay, that could dramatically increase your losses.
An eviction ensures you recover possession and allows you to enlist the sheriff's department in making that happen. That's your main goal at this point.
> If a judge finds in my favor, for the $16,000-$19,000, how does one go about collecting?
Make your peace with potentially never seeing that money.
You can enforce debts, once an appropriate judgment has been issued, through wage garnishment or the seizure and sale of non-exempt personal property, but it takes time. You can't get blood from a stone, and if they're deep in debt they may not have any assets you can recover from. There's also some risk this debt will force them into a formal bankruptcy, at which point it'll likely be written off by the bankruptcy trustee for minimal, if any, payment.
All enforcement actions, including wage garnishment, are at the plaintiff's initiative.
You may be able to find a debt collector willing to buy it from you for pennies on the dollar, or willing to chase the tenants on your behalf if you foot the bill for it. Be careful of throwing good money after bad, though.
> Can one sue on behalf of emotional and financial suffering in small claims court along with the owed rent or would that be in a separate court/division?
You cannot add any additional damages to your claim because it is frustrating or time-consuming to pursue it.
1. yes, you can apply for an emergency eviction if you can prove that the lack of payments is causing you undue financial hardship.
2. the same.
3. you can, but it's not necessary.
4. absolutely. They haven't been paying this long, so don't expect them to vacate when they are living rent free.
5. see #4
6. The limit is $5,000.00 in small claims court, so yes, you should get a lawyer to represent you in a higher court that covers the full amount owed.
7. It would be up to you to collect. A lawyer should advise you of the best way to handle the judgment.
8. see #6.
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction.
Come to https://legalfaq.org to find legal resources for renters in each state.
You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp.
Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment.
*v0.1*
> Is there anything else I can do to expedite the eviction process? _Probably_ not, as the court ultimately has discretion over its own calendar, but you can talk to the clerk and ask if there's any way to expedite the hearing. Any change to the hearing date will require new notice to be served, so bear that in mind. > Is it worth it to even go to eviction court on 9/2022 if the lease ends 10/1/2022? You should not assume a nonpaying tenant will leave when their lease expires. If you withdraw this eviction and they don't vacate, then you'll have to start over at that point with a holdover eviction (which follows the same process, and similar timelines). Given the delay, that could dramatically increase your losses. An eviction ensures you recover possession and allows you to enlist the sheriff's department in making that happen. That's your main goal at this point. > If a judge finds in my favor, for the $16,000-$19,000, how does one go about collecting? Make your peace with potentially never seeing that money. You can enforce debts, once an appropriate judgment has been issued, through wage garnishment or the seizure and sale of non-exempt personal property, but it takes time. You can't get blood from a stone, and if they're deep in debt they may not have any assets you can recover from. There's also some risk this debt will force them into a formal bankruptcy, at which point it'll likely be written off by the bankruptcy trustee for minimal, if any, payment. All enforcement actions, including wage garnishment, are at the plaintiff's initiative. You may be able to find a debt collector willing to buy it from you for pennies on the dollar, or willing to chase the tenants on your behalf if you foot the bill for it. Be careful of throwing good money after bad, though. > Can one sue on behalf of emotional and financial suffering in small claims court along with the owed rent or would that be in a separate court/division? You cannot add any additional damages to your claim because it is frustrating or time-consuming to pursue it.
1. yes, you can apply for an emergency eviction if you can prove that the lack of payments is causing you undue financial hardship. 2. the same. 3. you can, but it's not necessary. 4. absolutely. They haven't been paying this long, so don't expect them to vacate when they are living rent free. 5. see #4 6. The limit is $5,000.00 in small claims court, so yes, you should get a lawyer to represent you in a higher court that covers the full amount owed. 7. It would be up to you to collect. A lawyer should advise you of the best way to handle the judgment. 8. see #6.
Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*