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Evicted for not paying court costs?
Santa Fe, NM
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Posted about 1 year ago in Landlord / Tenant
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I was given a 3 day notice in December for my rent. The owed amount was paid in full on the 12th of December. On the 13th of December I received a court summons for non payment of rent. We spoke to one of the people in the office at the apartment complex and were told that we did not have to go to court since we had paid our rent (plus late fees). Today, January 5th I received a Writ of Restitution for non payment of Court Costs. The Apartment manager went to court anyway even though we paid our rent and is now trying to evict us because the court costs were not paid. Is that legal? If it is legal, what is it that I have to pay to remain in my apartment? Only what is on the writ?
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Answers (1)Elizabeth Rankin Powell
This attorney is licensed in Washington.
Posted about 1 year ago.
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You really need a NM attorney to advise you. If you don't know how to reach one, contact your county Bar association and ask them for a referral. Alternatively, contact the nearest law school, they may have a clinic where the lawyers can help you.
In WA, if the landlord accepts the payment after the three days has passed, they have waived their right to rely on the notice and have to wait and not accept the money the month they ask for the eviction writ. I do not know how NM handles this, and it could be completely different for all I know. Somebody was not telling you the truth about what was happening, which suggests that the Court was not getting the full story, either. If the opposing party said court was cancelled, and then went and had the hearing, and got the writ, that is grounds (in WA State) to have the judgment vacated. You really need NM counsel. This website is not really active in NM yet, so you may have to use other resources to find a local attorney who can help you. This is the best I can do from here - good luck - Elizabeth Powell
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