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What is a Stipulated Judgment?

  1. In an eviction action, there are different types of judgments: default judgment, stipulated judgment, and judgment by the court.
  2. What is a stipulated judgment?
  3. In a stipulated judgment, both sides are in agreement.
  4. Both the landlord and the tenant agree about the amounts owed and that the landlord has the right to recover possession of the rental property.
  5. The landlord’s right to recover possession of the rental property means that the landlord, not the tenant, now has the right to the rental property.
  6. As the tenant, you can agree to everything the landlord is claiming or you can agree to make changes.
  7. Are there any requirements for a stipulated judgment?
  8. Yes, Rule 13(b)(4) of the Rules of Procedure in Eviction Actions require specific warning language to be included on all stipulated judgments.
  9. Make sure that you read all the documents and understand what it says before you sign the stipulated judgment.
  10. It is not easy to back out of a stipulated judgment if you change your mind.
  11. If you do not agree to the terms of the stipulated judgment, the judge will decide the case.
  12. If you don’t come to the hearing, the judge may sign a default judgment against you.
  13. A default judgment means a judgment is signed, in your absence, without you being able to defend yourself.
  14. The consequences of all judgments are the same, whether it is a stipulated judgment, a default judgment, or a judgment by the court.
  15. The judgment will indicate how much you owe and by what date you need to move out.
  16. In most cases, the judgment will say you must move out in 5 days if you are ordered evicted.
  17. That does not give you much time but that is what the law says and the judge cannot change that time without the landlord agreeing to it.
  18. The judgment will include past due rent, late fees, and other fees included in the lease, unpaid utilities, court costs, and attorney fees.
  19. The landlord may be entitled to other damages if they are proven and included in the complaint.
  20. Once the judge signs the judgment, it will appear on your court record and rental history and it may affect your ability to find housing in the future.

Resources:

Eviction Legal Info Sheets

Eviction Videos

 

 

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