Judgement served out of court on unpaying tenant?

Can I file a judgment against a tenent by having him sin Can I write up a judgement note, and have tenant sign without going thru Magistrates office, and be legal?

Asked on June 25, 2009 under Real Estate Law, Pennsylvania

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A judgment is a court ordered document that can only be issued by a court with appropriate documentation and issuance of a docket number.

What you can do is have the tenant sign a stipulation of settlement if both parties are in agreement that money is owed and the tenant wants to pay he can acknowledge this and sign a stipulation which sets forth the terms of the payments, the amount owed, it can acknowledge proper service of the summons and complaint as well.

At that point with a signed stipulation if the tenant fails to follow through with the agreed settlement you can file that stipulation with the court to get a judgment on the papers. However all this required the tenant agreeing he owes the money. If he disagrees you will have to serve him and go through the process as with any lawsuit. I would advise contacting a local attorney who can draft either the stipulation or summons depending on the avenue you need to pursue. Good luck


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