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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: It's $300 or more for all of his items left behind Posted by Rodney on June 06, 2002 at 6:36 AM In Reply to: Re: It's $300 or more for all of his items left behind posted by karen on June 03, 2002 at 10:38 AM I'm not exactly sure what you meant Karen by your statement. If you think that showing up with a bunch of movers and a locksmith and coercing someone out is illegal you are absoultely right. However the sheriff isn't just their for kicks, its because he/she has been ORDERED to by the JUDGE who has signed the unlawful detainer and had the occupants served by the sheriff or by first class mail. The procedure is as follows: 1) File unlawful detainer where the sheriff serves BOTH parties a notice of court date (usually 3 weeks) 2) Go to court - win unlawful detainer. 3) File for eviction where sheriff serves current occupant. In SOME counties it is also required for the new owner to also serve the eviction either by home visit or first class mail. 4) The sheriff shows up at the property a few days before the eviction and talks to the occupants about the eviction. 5) The date of eviction the sheriff is ordered to show up and preserve the peace while your movers move everyone/everything out. Now as stated before, if it comes to this the occupant has not paid 1 single months rent/morgage payment in about 6-12 months! They HAVE been notified many many times and have refused to do anything about it. I think its STUPID for ANYONE to allow them- selves to be forceably evicted. They've had so much time to remedy the situation its not funny, working out a payment plan with the bank before foreclosure, filing for bankruptcy, working out a deal with the new owner to leave peacefully, not to mention saving money for 6months of not having to pay a damn penny for the house they are living in! Personally I am a little less harsh than the courts. I do the above procedure of course as a back up BUT when I win the property at an auction I immediately knock on their door, let them know I now own the house and try to help them find another place to live. Sometimes even paying for the movers and 1st months rent in their new place myself *IF* they agree to move peacefully and quickly. If all that fails and the person gives me the finger as they have done the banks and courts then see above. Rodney : : J-man, : : Its been my unfortunate experience to gather a team of movers, : : locksmith, myself and the sherrif on the day the Unlawful Detainer : : (eviction) is executed and move all of his belongings on the curb. : : After which I am standing by to have the locks changed and/or : : re-keyed. This ofcourse implies that you have already filed for : : and won, the unlawful detainer in the court system. By winning : : you automatically get the services of the sherrif who preserves : : the peace during the eviction. As much as this is a crummy thing : : to do, I reconsile it with myself that in order to get this far : : the now former-owner has had 3-5 months of non-payment on their : : morgage, refused to file bankruptcy, a ratification period if : : any, AND eviction period totaling 6-12 months!! If it comes : : down to a forceable eviction the "poor" soul has essentially : : given the finger to the legal system and anyone who has tried : : to abide by it. Any items left behind or unclaimed by the former- : : owner should be treated as trash. : : Hope that helps, : : Rodney : : : : : : I just gave the holdover owner a three day notice, It's now been three days...what should I do next ?? He's says he's looking for a place but I want possession soon. This ex-owner also has a loy of STUFF on the property. Now is it $300.00 or more of all his left overs, or $300.00 or less for each item? : : : : Thanks Ward : : : : j-man : Dont forget to serve eviction papers. The above way is what happened to us per our mortgage co, Fairbanks, and that is ILLEGAL. It is illegal to evict someone without serving them papers. It is an inhuman thing to do to a person and a family, and if you dont serve papers you could be faced with mega fines in court. : Should you decide to do it that, way, then you deserve to pay fines up the kazoo!!!! Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : I'm not exactly sure what you meant Karen by your statement. If : you think that showing up with a bunch of movers and a locksmith : and coercing someone out is illegal you are absoultely right. : However the sheriff isn't just their for kicks, its because he/she : has been ORDERED to by the JUDGE who has signed the unlawful : detainer and had the occupants served by the sheriff : or by first class mail. : The procedure is as follows: : 1) File unlawful detainer where the sheriff serves BOTH parties : a notice of court date (usually 3 weeks) : 2) Go to court - win unlawful detainer. : 3) File for eviction where sheriff serves current occupant. In : SOME counties it is also required for the new owner to also : serve the eviction either by home visit or first class mail. : 4) The sheriff shows up at the property a few days before the : eviction and talks to the occupants about the eviction. : 5) The date of eviction the sheriff is ordered to show up and : preserve the peace while your movers move everyone/everything : out. : Now as stated before, if it comes to this the occupant has not : paid 1 single months rent/morgage payment in about 6-12 months! : They HAVE been notified many many times and have refused to do : anything about it. I think its STUPID for ANYONE to allow them- : selves to be forceably evicted. They've had so much time to : remedy the situation its not funny, working out a payment plan : with the bank before foreclosure, filing for bankruptcy, working : out a deal with the new owner to leave peacefully, not to mention : saving money for 6months of not having to pay a damn penny for : the house they are living in! : Personally I am a little less harsh than the courts. I do the : above procedure of course as a back up BUT when I win the : property at an auction I immediately knock on their door, let : them know I now own the house and try to help them find another : place to live. Sometimes even paying for the movers and 1st : months rent in their new place myself *IF* they agree to move : peacefully and quickly. If all that fails and the person gives : me the finger as they have done the banks and courts then see : above. : Rodney : : : : J-man, : : : Its been my unfortunate experience to gather a team of movers, : : : locksmith, myself and the sherrif on the day the Unlawful Detainer : : : (eviction) is executed and move all of his belongings on the curb. : : : After which I am standing by to have the locks changed and/or : : : re-keyed. This ofcourse implies that you have already filed for : : : and won, the unlawful detainer in the court system. By winning : : : you automatically get the services of the sherrif who preserves : : : the peace during the eviction. As much as this is a crummy thing : : : to do, I reconsile it with myself that in order to get this far : : : the now former-owner has had 3-5 months of non-payment on their : : : morgage, refused to file bankruptcy, a ratification period if : : : any, AND eviction period totaling 6-12 months!! If it comes : : : down to a forceable eviction the "poor" soul has essentially : : : given the finger to the legal system and anyone who has tried : : : to abide by it. Any items left behind or unclaimed by the former- : : : owner should be treated as trash. : : : Hope that helps, : : : Rodney : : : : : : : : I just gave the holdover owner a three day notice, It's now been three days...what should I do next ?? He's says he's looking for a place but I want possession soon. This ex-owner also has a loy of STUFF on the property. Now is it $300.00 or more of all his left overs, or $300.00 or less for each item? : : : : : Thanks Ward : : : : : j-man : : : Dont forget to serve eviction papers. The above way is what happened to us per our mortgage co, Fairbanks, and that is ILLEGAL. It is illegal to evict someone without serving them papers. It is an inhuman thing to do to a person and a family, and if you dont serve papers you could be faced with mega fines in court. : : Should you decide to do it that, way, then you deserve to pay fines up the kazoo!!!! Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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