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Can you advise before 9am monday jan 3


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I know it's last minute but have a neighbor who knows I dabble in credit repair and am learning some of these laws. She asked me earlier about this.

The situation.

She lives in the same mobile home park as me. She owns her mobile home, we RENT the lots. She missed her November payment due to her DH missing some work. She pays Dec. few days late.

Dec 7. Recieves "5 day quit or stay" letter stating 869 dollars due. at that time she mailed her dec payment same day recieved the letter from park. She is unsure as to why 869 because her rent is only 400 and should only be technically 800 when letter was sent, but actually 400 cuz she just mailed a payment.

Dec 7 Receives "5 day quit or stay" letter again saying 1267 dollars due AND summons for "unlawful Detainer" Due in court Jan 3, 2005.

Dec 9 Recieves letter saying payment was made and another "5 day quit or stay" letter stating 1269 dollars due. She don't know why because she is only one month behind and they did cash her rent payment for december so why did amount go up.

Dec 30 receive another "5 day quit or stay saying 869 dollars due. She is throughly confused now. This is when she brings it to me. NOTE: the date on this letter is dec 6th and it is postmarked dec 28th. HUH!

Ok so I tell her she MUST go to the hearing tomorrow. THey are trying to evict her, get her home and get a judgement against her. She says she will have her Jan rent AND owed Nov rent with in within the next 10 days. Or if she could get a new date or delay of a few days it would be awesome. Also her AND her husband are on the paper, only she can go, what problems will this cause?

What can/should she do? How would you advise? ALso I noticed on the summons it says 1267 for OCT-Jan rent. THat is false, she paid october and decembers rent. If it truly was for oct-jan it would be 1600 dollars cuz her rent is 400 a month.

Suggestions guys, I'll be up late tonite checkin it out. THanks

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Not that I know what the hell they are trying to do, but I imagine that the initial $8XX was for Nov and Dec.

Then when it came time to get serious about the summons, the $12XX would be for Nov,Dec,Jan

Then they rec'd her payment (for Nov), so it's back down to $8XX for Dec, Jan.

So, dunno that there's going to be much that she can do - has she tried to discuss anything with the office manager? Once she goes to court tomorrow, she's pretty much on the hook for the $8XX - and even if she pays it after the judgment, they still can evict her. Now if she happens to pay before seeing the judge, then the judgment would be set aside and she can continue to live there.

Now, my interpretation is based upon AZ LL/tenant laws; hers may be different. In any case, have her bring receipts, cancelled checks, whatever in case they try to ding her for Nov's rent, but as I stated before, I think they are trying to get her for Dec and Jan.

Now, if they try to get $12XX, then hopefully she'll have the cancelled receipts, checks, whatever to mitigate that amount. However, it's looking like bad times ahead for your neighbor - curious as to whether she can (could have) worked out an arrangement with the office staff/owners before it goes to court?

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My guess is there is more to the story than your neighbor is letting on.

If she has the $$, she can ask the judge for time to pay it. The judge might adjourn the matter, or he might grant the petition but make it effective in a week so, thus giving her time to put up or shut up.

Or, she can say she has no idea what, if anything, she owes, and there should be a hearing.

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she will have the money on the 12th. Guarenteed!. Direct deposit. a montly settlement she gets every month from DH's accident few yrs ago.

She is just scared to death of losing everything and needs a few more days. She just wanted to know how she could do this without getting a judgement or losing her home.

So she can just ask the judge for say 10 more days?

I want to help her cuz she's actually my kids babysitter. I don't want to lose her. And again, I continue to learn how this all works.

Thanks.

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I was thinking about what you said "recovering". No there is not more. We are quite close, as I said she cares for my children. I told her to find her oct and Dec receipts for rent. She has found them. and she has all of the notices sent to her.

I have decided to go with her since Im off today. If anything I can learn a little and lend moral support and she needs a ride since DH needs the truck for work. Ive never been evicted so I want to see how this works.

Any more advie before we leave?

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Normally when a compnany or landlord keeps as bad of records as this then the judge does not look kindly on them.

Make sure she takes EVERYTHING to court with her, showing that she has been making payments.

Make sure she shows the letter that they waited 22 days to send out.. that wont look good.. and also show that they can't keep an accurate accounting history.

USUALLY ((and this is what the judge told us)) once a landlord/company cashes ANY check on the account.. even if it isnt a total payment catching up all late payments,, that voids the lawsuit.

But that was in Indiana

Good luck to you and your friend

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You nailed it SKY! :!:

Were back, wow that was fun. Case was dismissed. No judgement, no eviction. :D When she was asked by the judge if the amount being sued for was correct she denied it. THen she went to pull out her cancelled checks and the property manager asked the judge to hold on to it so he could talk to her. This is where I pray she was listening to me. xpopcornx

After 10 minutes she comes out and says he is dismissing the case and he'll give her 10 days to come up with november rent. :everybodyclap: She said he was actually pretty nice about the whole thing and says sometimes coorporate just doesn't communicate to well with the property managers. He actually APOLOGIZED to her :shock: and said to call him directly if there is ever a problem with being able to come up with rent, they'll work with you.

Personally, I kinda like knowing that in the event I have a problem since I live here to.

Well CIC has done it again, helping the common man(er woman). She wasn't even going to go she was so scared. I feel so proud. :oops: I help someone today. That's a good way to start off a new year.

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THanks. Man this day is going good. I just got a call from a prospective job. I sent my application/resume on sat and they just called for an interview. :everybodyclap::everybodyclap::everybodyclap:

Im so excited. THat's two good things. Maybe I should go buy a lottery ticket. :shock::D

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