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Eviction Process - What am I missing?
by ARP (NJ)
on November 16, 2009 @12:01
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So I have a hearing this week for non payment. I was going through the whole process and reading some legal stuff and summed up the ff. for NJ:
1. File eviction to get summons.
2. Go to Trial for [Judgment of Possession]
3. After Trial Day + 3 Business Days, apply for [Warrant of Possession] if tenant does not leave.
4. Court Officer gives tenant 3 business days to remove stuff.
5. After 3 business days upon serving of warrant, LL arranges with the Court Officer for tenant eviction/lockout.
6. Following eviction, LL must let the tenant remove stuff from the unit (or remove it myself?).
7. LL must return the security deposit or settlement within 30 days from the date the tenant moves out of the unit.
Am I missing something here? How do I actually try to get monies owned to me? I know I have to file a claim with Small Claims but when would that be? Thanks
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Re: Eviction Process - What am I missing?
by Anonymous
on November 16, 2009 @17:58
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[ Reply ]
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to answer ur question, a lawyer. I would strongly suggest unless you have done this many times before, do not do this on your own. NJ is not a state to be trying to do an eviction on your own.
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Re: Eviction Process - What am I missing?
by ARP (NJ)
on November 16, 2009 @19:32
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[ Reply ]
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Some changes to the process I enumerated.
1. File eviction to get summons.
2. Go to Trial for [Judgment of Possession]. If the LL is granted the JOP, apply for [Warrant of Possession] thereafter (same day).
3. After Trial Day + 3 Business Days, WOP will be issued to a court officer to serve on the tenant.
4. Court Officer gives tenant 3 business days to remove stuff.
5. After 3 business days upon serving of warrant, LL can arrange with the Court Officer for tenant eviction/lockout.
6. Following eviction, LL must let the tenant remove stuff from the unit (or remove it myself?).
7. LL must return the security deposit or settlement within 30 days from the date the tenant moves out of the unit.
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