Housing
This legal document is used for the landlord to recover possession of rental property.
What is a Writ of Possession?
The Magistrate Court must rule on this to determine the proper place where a person can be sued.
What is Venue?
This crime occurs when two or more people fight in public and disturb the peace and tranquility.
What is Affray?
If a judgment is not paid when rendered, a Plaintiff may be entitled to collect this over time.
What is Post-Judgment Interest?
This is filed when a Defendant wants money from the Plaintiff.
What is a Counterclaim?
This is a type of rental agreement with no set date of termination.
What is Tenancy at Will?
If a party disagrees with the Magistrate Court decision and wants to take it to a higher court, they file this.
What is a Petition for Review?
A lawyer or party will give this form to the clerk to schedule a hearing before the judge.
What is a Rule Nisi?
This can be used by the Plaintiff to challenge the answer filed in a garnishment.
What is a Traverse?
This is issued by the clerk and recorded in Superior Court to allow the Plaintiff to collect on a judgment (Hint: it costs a total of $29)
What is Writ of Fi. Fa.?
When property is purchased at this kind of sale, the law requires the bank or lender to file a dispossessory to remove the previous homeowner and/or occupant.
What is Foreclosure?
This rule can be invoked by either party and requires all witnesses to be out of the courtroom while a party or other witnesses are testifying.
What is the Rule of Sequestration?
This is set when the judge believes a person can be released from jail without posting money or property.
What is Unsecured Judicial Release?
These are used when a Plaintiff seeks information about the debtor's place of employment, banking accounts and other personal assets.
What are Interrogatories?
A Defendant may file this in Magistrate Court when s/he claims that if they owe money, someone else owes it to them.
What is a Third Party Complaint?
In a landlord/tenant case, the tenant uses this theory to show a decrease in the rental value of the property based on the landlord's failure to make repairs.
What is Diminution?
Someone's status when unable to pay a filing fee or other cost normally required by the Magistrate Court.
What is In Forma Pauperis?
This crime might be committed when a person bounces a check.
What is Deposit Account Fraud?
This occurs when the creditor sells its debt to a collection agency or other entity.
What is an Assignment?
This is issued by the clerk to force a party to bring documents to trial.
What is a Subpoena Duces Tecum?
This allows the Sheriff to seize a tenant's goods for failure to pay rent.
What is a Distress Warrant?
This action allows a property owner to remove intruders by providing the Sheriff with an affidavit that states the owner's property is being occupied by an intruder who refuses to leave.
What is an ejectment action?
A fugitive from another state might sign this to voluntarily return to that state to face charges.
What is Waiver of Extradition?
This person must answer a garnishment giving up wages, money or property belonging to the Defendant.
What is a Garnishee?
Even if a Defendant fails to answer, this type of claim must be proven in court.
What are Unliquidated Damages?