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 person who is in jail or who has their liberty significantly restrained is entitled to one of these to determine whether there is probable cause in their case.
What is a preliminary hearing?
This can be used to challenge the answer filed in a garnishment.
What is a Traverse (Plaintiff) or Claim (Defendant)?
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?
This is when someone holding a debt sells or transfers that debt to a third party to allow the third party to collect the debt.
What is an assignment?
In a dispossessory case, a Plaintiff might inadvertently do this by accepting rent while the case is pending.
What is waive their claim (or waiver)?
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?
When no legal effort is made to collect on a judgment for seven years, it becomes this.
What is dormant?
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? (will accept squatter filing)
A fugitive from another state might sign this to voluntarily return to that state to face charges.
What is Waiver of Extradition?
This person (or business) 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?