What can I do if my tenant misses a protective order payment?
You can file a motion with the court asking the court to enter a judgment for possession against the tenant. The cost for the motion is $10.
You can file a motion with the court asking the court to enter a judgment for possession against the tenant. The cost for the motion is $10.
If the landlord sues the tenant for possession because the tenant owes rent, the landlord can also request that the tenant be required to pay the back rent and any other monies due, such as late fees. If the landlord makes this kind of request, he or she is asking for a money judgment.
Court begins at 9:00 a.m., when the judge makes important announcements about what will happen in court and the parties' rights. After these announcements, the courtroom clerk calls roll and parties must answer that they are "present" and state their names. Failure of a tenant to appear may result in a default. Failure of landlord to appear may result in a dismissal. When both parties appear, they may attempt to resolve their differences by entering into a written agreement. These agreements may include payment schedules for past due rent, a schedule for the landlord to make repairs, or other terms that the parties believe are in their best interest. If parties are not able to resolve their differences, the case will be called before the judge.
The interest rate on judgments is six percent (6%) for the calendar quarter beginning October 1, 2024 (DC Code §28-3302(c)). Under DC Code §28-3302(b), this rate does not apply to judgments against the District of Columbia or its employees acting within the scope of their employment. In such situations, the judgment interest rate is 4%. The new interest rate is for post-judgments only. The pre-judgment interest rate is 6% in the absence of an expressed contract specifying otherwise, under DC Code §28-3302 (a). Click here to see previous judgment interest rates.
The initial scheduling conference is the first formal hearing before the assigned judge that presents the parties with an opportunity to try and settle their case. Further, if a case does not settle, the case is placed on a track and a number of deadlines are set to complete certain events.
A judgment for possession entitles the landlord to evict the tenant.
If your case does not settle, the judge may select a form of alternative dispute resolution by which parties may resolve their dispute without going to trial. Learn more about ADR and mediation in general.
If your landlord agreed to make repairs as part of a consent judgment agreement or settlement agreement, you can contact the landlord to find out what is causing the delay and attempt to work out additional terms. If you cannot work the problem out yourself, you can go to the Clerk's Office at least one day after the repairs were scheduled to be completed. The clerk will give you a form to complete instructing the landlord to return to court because of the lack of repairs.
You must contact the Quality Review Office (see your notice for appropriate telephone number) and they will advise you of the proper procedure for the specific event or date you wish to reset.
If the parties reach an agreement or settlement out of court prior to the court date, the plaintiff must file a praecipe (an official form used to request the clerk or court to perform an act) asking the Court to dismiss the statement of claim and mark the case as settled. If the defendant has filed a counterclaim or other action, the defendant must also file a praecipe to dismiss his or her claim and mark the case as settled. The parties may also file their settlement agreement with the Court. Praecipes are available in the Small Claims Clerk’s Office or on the internet at http://www.dccourts.gov/dccourts/superior/civil/forms.jsp.