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Telescopist

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Posts: 6
Reply with quote  #1 
Hello,

I filed eviction proceedings against a tenant for failure to pay July’s rent. The court date was set for July 31st. Papers were served. Several days before the court date the tenant paid me July’s rent. He did not compensate me for the tacked on late fee, bank return item fee, nor the filing fees. He made assurances that he would but I was already long past believing anything he had to say. I attended court at the scheduled time. The tenant did not. I prevailed in my plea to get the money which is owed to me.

The judge explained that if at the end of 10 days (Aug. 10th) the tenant does not pay the money he owes me I can move on with the eviction proceedings.

Here is my dilemma. August rent is due on or before August 5th. Short of getting a wire transfer from an off shore bank account, I doubt I’ll see August’s rent. Should I go ahead and refile with the Magisterial District Court on August 6th for August’s rent?

The first suit had to do with July’s rent and ancillary expenses only. I’m concerned that the tenant will come up with the judgement amount pursuant to the Judgement notice he received and still be in default of the August rent. It seems like all I will be doing is backpedaling.  

I live in Pennsylvania. Thanks for any input.

LLinVA

Registered:
Posts: 411
Reply with quote  #2 
I would probably wait since you already have the go-ahead based on July. If he pays July but not August, I would immediately move forward with proceedings for August. You will have only lost five days but will probably save the hassle and expense of the second round.
Telescopist

Registered:
Posts: 6
Reply with quote  #3 
Thanks for your feedback. 

Here's my concerned expressed from a different angle. History: 1. Judge rules in my favor. Balance due for July is @$190.00. This amount included the filing costs, Bank Return Deposit charge, and late fee. 2. The judge expressly said that I would have to refile for the August rent if the tenant doesn't cough that up. 3. By guess is that the tenant may come up with these ancillary costs but then leave me hanging for August's rent. It buys him time. 4. From the time of filing to the time there is a hearing is about 2 weeks here in Lancaster. The defaulters list here is huge. Then of course the tenant can initially ask for a stay or appeal the judgement. No matter. I'm probably looking at around 30 days before I can get my property back. 

So, sure it might be smarter to see if I can at least squeeze the $190.00 out of him -- the dealing being the 10th and then file or just do it now and be done with it. 

I should have taken what little money I had and put it into Amazon stock back in 1997.

Hope this iteration makes sense. [smile][rolleyes] 
LLinVA

Registered:
Posts: 411
Reply with quote  #4 
I think the answer's the same. You're only saving five days if you don't wait, I'd just wait.
Telescopist

Registered:
Posts: 6
Reply with quote  #5 
Okay. What's 5 days in the entire scheme of things? I'll wait. Thanks.
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