"Failure to vacate" (criminal eviction) is a criminal statute that authorizes the state of Arkansas to impose fines and other criminal penalties upon tenants who fail to pay rent to their landlords. Failure to vacate may only be used in cases of non-payment of rent.
There is a requirement that the police identify themselves to the subject of a search, absent exigent circumstances. Failure to knock and announce forms part of the reasonableness or not inquiry under the Fourth Amendment. Brokaw v. Mercer County (7th Cir. 2000) Child removals are "seizures" under the Fourth Amendment.
The Arkansas eviction process can provide for severe repercussions to tenants who fail to pay their rent. For any tenant who breaches the rental agreement, there is only a limited time to remedy the cause for the eviction. An Arkansas landlord has a choice of using two different eviction procedures to use in evicting a tenant if the reason is for nonpayment of rent: Unlawful Detainer, which is civil eviction, or Failure to Vacate, which is a criminal eviction.
Therefore, the trial could not have treated plaintiff's motion to vacate the DWP as a section 2--1401 petition. Defendant relies on Athletic Ass'n of the University of Illinois v. Crawford, 43 Ill. App. 2d 52, 55 (1963), which held that
Jun 20, 2016 · B. Failure to Appear Detailed instructions regarding when an ALJ can dismiss a request for hearing based on failure to appear are set forth in HALLEX I-2-4-25.When an ALJ dismisses a request for hearing because the claimant and representative, if any, fail to appear at hearing, the OAO analyst will evaluate whether the ALJ complied with the applicable procedures before dismissing the request ...
Mar 02, 2015 · At that time, the court will schedule a forfeiture hearing (typically about 30 days after the notice of land contract forfeiture expires). You will then be responsible for providing proof of the defaulting party’s material breach of the land contract (e.g., failure to make payments) at the forfeiture hearing.
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