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[AL] What amount does a tenant owe after a default eviction judgment if the landlord demands more?
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I was served eviction paperwork and received a default judgment for $1,938, with $750 in legal fees. The trailer park is willing to accept $1,500 in back rent and $1,400 in legal fees. Who do I pay?
Where are you located? It matters because laws vary by location.
Has anything been filed or reported?
Yes, and a default judgment was granted, with the last day to appeal being tomorrow.
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction judgment.
No.
Hey there! Welcome! I'm Lori, an attorney with many years of experience, and I'm here to help you. I understand you were served eviction paperwork and received a default judgment for $1,938, including $750 in legal fees. 1. What city/state are you located in? 2. Could you tell me more about any communications you've had with the trailer park or any steps you've taken so far?
Mobile, AL. The trailer park is willing to let me pay back rent of $2,000, but they want an additional $1,400 in legal fees, all paid at once.
Got it, thanks for sharing that. Have you received any official documents or notices from the court or the trailer park regarding the eviction or the payment terms?
Yes, a default judgment of $1,938 with legal fees of $750 was entered. The last day to appeal is tomorrow.
Understood. Are you going to appeal? Have you reached out to the plaintiff's attorney to try and settle?
The judge signed the judgment on [date redacted].
A default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. In your case, it seems the judgment was entered because of a lack of response or appearance in court. This judgment includes the amount owed and any legal fees. In Alabama, you have the right to appeal a default judgment, but this must be done within a specific timeframe, which you've mentioned is tomorrow. This appeal process allows you to contest the judgment if you believe there was an error or if you have a valid defense. The legal fees included in the judgment are typically awarded to cover the costs incurred by the plaintiff in pursuing the case. However, if the trailer park is willing to negotiate a different amount, this could be an opportunity to settle the matter outside of court.
Okay, so the trailer park wants $2,000 plus $1,400 in legal fees, but the court judgment is $1,938. Who do I pay, them or the court, to stop this?
You have to reach out to the lawyers for the plaintiff to negotiate a payoff or settlement.
So if the trailer park manager is saying $3,500 but the court judgment is $1,938, what amount do I pay?
You pay the judgment amount plus interest owed. You will want to get a release or satisfaction of judgment from the park's attorney at the time you pay.
What if the park refuses to give me their attorney's information?
It should be on the judgment.
It's not. It just lists the mobile home park.
If the attorney's information isn't listed on the judgment, you might try contacting the court clerk's office for the court on the judgment for assistance. They may be able to provide you with the necessary contact details or guidance on how to proceed.
If the attorney says $1,938 but the park says $3,500, who do I pay?
You pay what the attorney says and demand a satisfaction of judgment.
Okay. What if that upsets the park owner and they want the full $3,500 instead?
If the park owner is upset, you can explain that you are following the legal judgment and paying the amount specified by the court. It's important to have the satisfaction of judgment as proof of payment.
So what happens with the almost $2,000 difference? Can they try to pursue that?
If the judgment amount is paid in full and a satisfaction of judgment is obtained, the park will not be able to pursue the difference legally. The judgment, entered in an eviction action governed by Ala. Code § 35-9A-461, is the court's decision on what is owed, along with any post-judgment interest allowed under Ala. Code § 8-8-10. However, if they attempt to pursue the difference, you may need to seek legal advice to ensure your rights are protected.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!
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