Do u have to get a seperate judgement to collect after an eviction?

[switchex]

What is the name of your state? MD



Here is my situation/question:
I took my tenants to eviction court for non-payment on Jan 4. They owed us one month rent as well as fine equal to 2 months rent for early termination as it was stated in our contract.
When we went to court, the tenants agreed that they owe us one month rent but nothing else because of whatever. The judge said that she wasn’t going to listen to our dispute as this was an eviction court and she said that we can open a civil case against them to collect the extra 2 months rent. We told the judge that we already have a second case (civil case) against them in March to collect money for damages to the house so i guess we can add the 2 months rent to that.

So, at this point, it was my understanding that there was a judgment against the tenants for one month rent, and the rest, extra 2 months rent and money for damages, I can try later in my civil suite.

I call the court today (feb 8) and ask them how I can get a copy of my judgment so that I can pass it to a collection agency, and the clerk tells me that my eviction case was just to get them out and that I can not collect any money until I take them to the civil court.

Is that the case? Is eviction court just to kick them out? In the eviction court, the judge did say that the tenants owe us one month rent. But it was oral.. i thought that later the court was going to send us some sort of letter indicating that we won the evication case with the amountg owe .. but i guess there is no such thing!

So, DO I have to go to the civil case to get an actual judgment for collecting the one month rent?

 

[FarmerJ]

You should fix the unit and get it re rented and then take the tenant to court again for the unpaid rents, yes in some states one doesnt get a automatic money judgement just because they win in court to get a tenant out.

 

[seniorjudge]

Q: So, DO I have to go to the civil case to get an actual judgment for collecting the one month rent?

A: Did your lawsuit cover RENT and POSSESSION?

 

[BoredAtty]

In Maryland, you cannot get a money judgment against a tenant in an eviction suit unless he was personally served the process. If he wasn't personally served, then the eviction suit is merely for possession of the property.

So, the answer depends on whether you posted the eviction notice on the tenant's door, or whether you had somebody directly hand the tenant the papers.

 

[switchex]

My tenant was not personally served . .he was served by registered mail .. from what i understood, i had 3 options to serve them, one was registered mail, 2 was by the sheriff, and 3rd was by a private service/person. I selected registered mail becasue I knew the tenants were never home and it would have been very difficult to serve them .. so i took my chances with registered mail and it worked! they went to post office and signed and picked up the notice ..

So u guys are saying that unless they were served personally, the judgemnet was for eviction only and not money?

 

[Cvillecpm]

Switch - your bad...you should ALWAYS use a private process server AND serve additional court case (2nd one usually in Small Claims) for additional rent outside of eviction amount.

It is ALWAYS easier to serve them when they are still IN YOUR UNIT than chasing them when they are gone/in the wind!

 

[seniorjudge]

Switch - your bad...you should ALWAYS use a private process server AND serve additional court case (2nd one usually in Small Claims) for additional rent outside of eviction amount.

It is ALWAYS easier to serve them when they are still IN YOUR UNIT than chasing them when they are gone/in the wind!

Yep; poster "saved money" by not using a lawyer or a private process server.

 

[switchex]

Yep; poster "saved money" by not using a lawyer or a private process server.

No, it really wasn't about being cheap .. i thought they will never get served since they were never home and that i had a better chance with a registered mail .. and they did get served by registered mail while they were still in the house .. and yes, i do have a civil case against them in march .. but the civil case is for them to pay me for damages to the house, not the back pays ... if i knew, i would have included backpays in my civil case

but sorry i am still confused!!!! so getting served by registered mail is not the same as getting served in person? Is that what u all are saying?


If that's the case, i wish the courts were more clear on these points .. they just told me my options as far as how i can server my tenats, but they did not say that in order to get a judgement, they have to get perosonall served.

 

[BoredAtty]

My tenant was not personally served . .he was served by registered mail .. from what i understood, i had 3 options to serve them, one was registered mail, 2 was by the sheriff, and 3rd was by a private service/person. I selected registered mail becasue I knew the tenants were never home and it would have been very difficult to serve them .. so i took my chances with registered mail and it worked! they went to post office and signed and picked up the notice ..

So u guys are saying that unless they were served personally, the judgemnet was for eviction only and not money?

You can personally serve a defendant by certified mail requesting: "Restricted Delivery - show to whom, date, address of delivery."

Assuming you did that, then "the court may also give judgment in favor of the landlord for the amount of rent and late fees determined to be due together with costs of the suit if the court finds that the residential tenant was personally served with a summons."

Did you specifically ask the court for a judgment for back rent?

 

[seniorjudge]

You can personally serve a defendant by certified mail requesting: "Restricted Delivery - show to whom, date, address of delivery."

Assuming you did that, then "the court may also give judgment in favor of the landlord for the amount of rent and late fees determined to be due together with costs of the suit if the court finds that the residential tenant was personally served with a summons."

Did you specifically ask the court for a judgment for back rent?

Most postal employees will not fill out a form correctly.

So if, for example, our poster's opponent simply failed to pick up the certified letter, then I suspect that it would NOT be good service.

Just a guess....

 

[Cvillecpm]

Amend your March case and UP the amount to include past $$$$ due.

Again, you outsmarted yourself by not using an attorney the FIRST time you evict and follow EVERY STEP your attorney takes AND ask why!!!

 

[switchex]

BoredATT .. i think there is a miscommunication here! when i say they were served by mail, i don't mean that I sent them the papers myself . .it was sent to them by the court .. i did not mail them anything .. the court said i can pay for a registered mail and serve them by mail, or i can pay for a sheriff and have them served so ..

 

[Cvillecpm]

....and you chose the WRONG/CHEAPER way and now apparently do not have a $$$ judgement.

This is EXACTLY why judges do not like landlords who appear in pro per....

 

[BoredAtty]

BoredATT .. i think there is a miscommunication here! when i say they were served by mail, i don't mean that I sent them the papers myself . .it was sent to them by the court .. i did not mail them anything .. the court said i can pay for a registered mail and serve them by mail, or i can pay for a sheriff and have them served so ..

There's no miscommunication. I know exactly what you're talking about. The District Court will handle the mailing itself if you check the box on the Complaint form.

I'm annoyed right now that I can't find a case on the issue, but in other matters a certified mailing with restricted delivery is good service if it is signed for by the defendant. But who knows what the problem actually is. The court clerk could just be handing out misinformation, perhaps you didn't specifically request a money judgment, perhaps the judge made a mistake, etc., etc.

If I find anything definitive in the next few hours/days, I'll post back here. In the meantime, just amend your other complaint and add this money to it.