Does a misdemeanor go away? How long does it take?
How long do you have to list it might be a better question. They don't go away. After a certain period of time they are simply not relevant. A misdemeanor a year ago is certainly more ‘serious' than that exact same misdemeanor ten years ago.How long does it need to keep being brought up? That depends on a particular job and its requirements and how the question is asked. But it's always there unless dismissed or expunged or pardoned if someone wants to dig that far and deep into the past.
What happens if my lawyer doesn't show up in court?
It depends upon the nature of the proceeding - civil or criminal, and also depends on whether you show up. In a criminal case, in almost all instances the defendant will be required to be present in the courtroom. In those rare instances in which the attorney’s appearance will substitute for the defendant’s appearance, the failure of the attorney to appear, and you don’t appear, a bench warrant for your arrest will be issued for failure to appear in court at the date and time ordered. If you are out on bail and fail to appear in court, the failure to appear cancels your bail and a warrant for your arrest will issue. If you appear in court and the attorney fails to appear, you should ask for a continuance based on absence of counsel. This will almost always be granted. However, a judge could be difficult and assign a public defender to represent you at that moment and direct the case to go forward. This would be highly unusual in all but a minor offense, such as a traffic offense, in which a conviction would not result in jail time, but only a fine.In a civil case, failure to appear can result in a default judgement in favor of the other party. Default judgements are not final until a 30-day period has run, during which your attorney could file a motion to set aside the default judgment and request a new trial date. For example, if you attorney was representing another client in a different matter and the trial unexpectedly ran an extra day, that would be a reason for setting aside the default and rescheduling. However, the judge would still be upset with the attorney’s failure to notify him/her of the schedule conflict. At a minimum, you would have an angry judge that could take it out your side when the trial actually occurs at a later date. Or, the judge could find the attorney in contempt and order the attorney to pay a fine, immediately, or even put the attorney in jail for several hours.The lesson here is always appear at your trial date and time, even if not required to do so. If neither you nor your attorney show, the consequences to you could be arrest (in a criminal case) or dismissal of your case if you are suing someone in civil court, or loss of the case if you are a defendant in a civil case.
How long does it take to get evicted after not paying rent for an apartment?
There was a recent question where a tenant had not paid rent for two years, another where rent went unpaid for four months - and that is just until the landlord woke up to get the eviction started. Some landlords are more proactive and aggressive to evict, starting the steps toward eviction as soon as the rent is considered late.Here are some example of landlords delaying.Steve Babiak's answer to How do I do an eviction now that it has been over two years since I’ve seen the tenant or payment in Atlanta, GA?Steve Babiak's answer to Tenant called me jerk when I asked her to pay rent. She did not pay for 4 months now. I do not want her to be upset enough to damage my house, so what should I do?Steve Babiak's answer to Tenant lost his job and got no assests. How will I recover unpaid 3 month rent and legal fees?So, we can't give an accurate answer simply due to any delay by the landlord.Then there is the matter of the law in that jurisdiction. There are certain preliminary steps that are required by law, such as furnishing a "notice to quit", and those have some built in (by law or the lease) time periods before the eviction action can be filed with the courts. And then the court has to schedule the matter. And even if the landlord wins a judgment for possession, the tenant might still have an opportunity to appeal that decision and just might do so.Of course, there is a minimum timeline that you can calculate by looking at all of the timings involved and using the smallest - but even that can vary by jurisdiction. For example, an eviction in a big city could take weeks or even months to get on the court schedule, whereas in a smaller town it could happen in short order.
How long can someone go without paying rent before an eviction notice?
As little as zero days.Unless your state or city requires landlords to allow a grace period or late fees, they are free to decide how long they’ll wait before taking action. You won’t receive an actual eviction notice right away, as your landlord first has to issue a Notice to Vacate, though people often conflate the terms. The notice to vacate (or pay) is issued by the landlord, and it is a necessary step towards getting an eviction. My state requires that I give tenants five days to move out, though your state or lease may mean that you have as little as three days.If you have not moved out or paid your rent by the date specified in the notice, your landlord will file the petition to start the eviction process. This is when you will receive the actual eviction notice and a court date. Since you have not paid your rent the judge will grant the eviction, and you will be required by law to vacate the property by a certain time – you get 24 hours in my state. Once the 24 hours are up the marshals or whichever law enforcement agency handles evictions in your area will come and remove you.The question details mention that you were surprised to receive an eviction notice on the 10th when your rent was due on the 3rd. Since you were surprised I’m guessing that what you actually got was the notice to vacate, which means that your landlord waited a full week before taking action – and that was really extremely generous on their part. Evictions take time and cost landlords an average of $3,500, so the best way to minimize the financial loss is to start the process as soon as possible. If you were issued a notice to “pay or quit”, you would not have been evicted had you paid, and there’s always the option of withdrawing the notice, so the best course of action for a landlord is to go ahead and deliver it immediately.If you had been renting from me, you would have received a notice to vacate on the 4th (the day after the rent was due) and an eviction notice five days later. It might sound harsh, but my tenants are well aware my policy and they know that it is their responsibility to pay on time. If they believe that they have a good excuse, they are welcome to call or stop by the office and talk to my property manager – before the rent is due.
How long can you sit in jail on a bench warrant before a judge sees you?
In the United States if you are arrested on a bench warrant, starting at the time you are booked into jail the jailers have 72 hours to present you before a judge. It doesn’t necessarily have to be the judge that signed the warrant, but a judge with jurisdiction none the less. That 72 hours rule applies for any arrest as a matter of fact.If after 72 hours you have not been presented before a judge then you will have to be released.True story, I was held for 74 hours once. I was arrested and sent before a judge, the judge released me but for some reason I was escorted back to jail on a “detainer” which is another warrant in the system. So i get back to the jail and that 72 hour clock started ticking again, starting from 0:00. So after 72 hours I raised hell, I requested a sergeant multiple times and plead my case that I have been in 72 hours on a “detainer” and haven’t seen a judge. One time the one guy looked at the other guy and laughed, made me feel like shit. Now it’s been 74 hours (2 hours past my constitutional limit) when suddenly the door to my cell is popped open, I am told to get my shit and get out, so I got out, went straight down to booking and was shown the door immediately. The funny thing about that is normally when someone is released from THAT jail they have to go to booking and it takes a couple hours, you sit in a cell, go to the desk answer questions, go back to the cell…. that wasn’t the case this time, they literally handed me my property and pointed at the exit door and said “leave”. They knew they fucked up, after some research I came to find out that the “detainer” that had me behind bars for 74 hours was nothing more than the original warrant that the judge had already released me on, it just happened to pop back up in the system I guess. IDK, I think I could have pursued it and maybe sued, it costed me an entire weekend from work.
Do I have to pay rent after eviction?
No. The eviction stops any need to pay rent, and wipes out unpaid back rent.Instead, unpaid back rent up through the date of the trial will be converted to a Judgment Amount, along with any legal costs incurred by your former landlord for the eviction. You have to pay THAT instead,You still have to pay it; just that it isn’t rent anymore. You have 30 days to pay it before it begins having interest added to it.Also, in Texas (where I am referencing), a Judge can award ONLY pure rent on an eviction judgment… no late fees, repair costs, etc. He doesn’t have jurisdiction for any other amounts, in an eviction suit.If you have late fees, NSF fees, etc. that couldn’t be awarded on the Eviction Judgment, you can be sued again with a Small Claims suit that follows, leaving you with TWO judgments against you; one for the rent and the other for non-rent obligations and any damages that the security deposit wasn’t enough to cover.The landlord has two years to file the second suit, it can happen immediately, or anywhere in between.
What happens when a house is auctioned due to foreclosure and the owners still live there?
My ex still lives in the house we bought together. My name is no longer on the home but I received a notice in the mail that it's in foreclosure (default) and that it's going to be for sale at an auction at the court house in a week. My ex and his new girlfriend still live there. So, what happens in this situation? Do they stay until it sells? Are they evicted the day of the sale? How does this work? We live in California, if that makes a difference.
How long can you typically go without paying your apartment rent if you got a 3 days notice to pay the rent or get out?
I assure you that not paying your rent is one of the worst decisions that you can make. Your life will not be the same after an eviction. It can be a very traumatic experience.Every state is going to have slightly different eviction laws but here in Ohio my company has a very large rental portfolio in the Cleveland area and this is how we handle tenants who do not pay rent.Rent is due on the 1st.Rent is late on the 2nd.We call tenants 3x day from the 5th through the 10th.We put up 3 day notices on the 10th.After the 3 day notices we file for eviction. Once we file we will no longer accept rent. At this point the non paying tenant can't pay or get out of the legal ramifications of their actions.We win the court eviction and get a write to regain possession of the property. The eviction remains on your record for life. It will be incredibly hard if not impossible to find another landlord willing to rent to you.We send in the bailiffs (guns drawn) to the home. If you do not open the door they kick it in and forcibly remove any occupants living in the home.Everything that the tenant owns is placed on the curb by a moving crew. They can clear out an entire home in about 2 hours. They are not vary delicate with your possessions. Everything stays on the curb until 5pm. Scrappers and thieves usually come by and steal anything of value. At 5pm we bring a dump truck and load up everything that is left and take it to storage. After 30 days in storage we take it to the dump.After all of the above a non paying tenant can also expect the following to happen.We take you back to court and sue you for back rent, legal costs and damages.We garnish your wages until all debts are paid off.As you can gather from everything above being evicted is a terrible experience that is 100% preventable by you. Don't be stupid, pay your rent or move out of your landlord's property you are only hurting yourself if you don't.For more information on evictions take a look at the LIVE video of one of my company’s evictions below.Have more Real Estate related questions? Let me know! Follow/Subscribe & simply ask. I will make you a FREE video reply. #AskJamesWiseFollow me on InstagramSubscribe to my YouTube ChannelWould you like access to a FREE list of the most profitable Real Estate Investments in the USA? CLICK HERE FOR ACCESS!