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LegalGround >> A little advice please about eviction


1/12/09 2:02 PM
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ChangoBravo
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A colleague was engaged to a guy and moved him in to HER house. Since then, they have broken off the engagement, he has lost his job, been abusive (physically), and refuses to leave.

The free legal counsel that she has recieved said that she has to file a 30 day eviction. She should then have it certified mail to her own residence in his name.

Here is the problem. He quite literally never leaves. He is hunkered down in there day and night and will not answer the door for anyone because he is behind in his child support and is worried about being served for that and other offenses. His signature on a letter delivering an eviction notice will not be possible.

Ideas???



Chango
1/12/09 2:48 PM
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BarkLikeADog
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1. You'll have to say where this is. Jurisdiction is the most relevant bit of data for correct advice.

2. If he's always there & always hiding, why bother with the mail system? Just show up with a camera, the key, & security, & serve the papers; done deal.
1/12/09 3:00 PM
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ChangoBravo
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Jurisdiction: South Carolina, Belvedere county.


If he is served with notice of eviction in that manner, he has 30 days. He will tear her place up and beat the shit out of her.


Chango
1/12/09 3:14 PM
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BarkLikeADog
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If he's gonna do that, he will do that regardless. If that's the potential situation, she shouldn't be there at all.

My advice to her would be to handle her personal shit first & the legal end of it last:

1. Find a new place (temporary or otherwise.)

2. Enlist the aid of a cop friend or paid security.

3. Hire a local mover.

4. Get her shit out of there.

5. Serve the eviction notice.

6. Deal with the fallout legally.

7. Be more careful picking fuck buddies next time.
1/12/09 4:20 PM
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jbapk
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Has she called the cops? I imagine that domestic violence laws are different about this situation then standard eviction laws.
1/12/09 4:25 PM
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jbapk
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Apparently an order of protection from a S. Carolina court can get him out of the house.
1/12/09 4:48 PM
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BarkLikeADog
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^Yes, the advice I gave is personal, not legal, & based on the presumption that she is unwilling to pursue criminal charges at this time. Same as any personal security issue: Do whatever it takes to get away & figure out the rest when you're safe.
1/12/09 10:17 PM
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ChangoBravo
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Thanks guys. I will pass this along.


Chango
1/14/09 8:54 PM
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Dojosensei
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he's "the tenant" and can actually have HER thrown out of her own house as he has more rights than her. Of course that solely depends on state, holds true in KS. Protection order, if his name is not on the lease, they can ask him to leave if she gets a protection order. It's not going to be fun getting rid of him most likely.

I had a roommate that I was trying to get out and it took him getting into trouble for something outside of that for me to get him out. He got arrested and while he was in jail I had his family come and move him out. He tried the "I already paid him for the next couple of months" thing. Fucker hadn't paid shit in 6 months and he was 3 months behind at that time.
1/18/09 6:29 PM
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GladiatorGannon
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Restraining Order seems the best way to go.

she doesn't have to charge him with the abuse if she doesn't feel like it, just state that she feels threatened, order issued. have movers toss his stuff into storage and be done with him.
1/19/09 1:23 PM
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ChangoBravo
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Thanks guys.

My thought was that she should call his ex-wife (whom he owes over a years worth of unpaid child support), and tell her where to find him.

The ex-wife could then get him hauled into custody for failure to pay child support, and then all of his stuff could get moved out and locks changed while he was in jail.


Chango
1/19/09 1:35 PM
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Dojosensei
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As long as SHE is there when they show up to get him. That way SHE can let them in without an issue, otherwise, he just won't answer the door.

Sheriff's office showed up here looking for my roommate (ex roommate now) and I let them in, said he's upstairs, first room on the right. Deputy asked if he had any weapons, i said I don't know, I'd figure he does. Deputy went to the room, knocked on the door repeatedly, it wasn't until he identified himself as sheriff's department that he answered his door. Deputy took him out to the car, no shoes etc...

As soon as the deputy pulled away with him I called his family and said hey, I'm giving you guys a chance to come get his stuff out and I'll borrow a truck and even help move it all but it needs to go. He's 9 months behind on rent (it's amazing how people you would consider family try to fuck you over the worst) and now the sheriff's dept is here picking him up for shit. They came over the next day and we moved it all into his storage place he rented. Haven't talked to him since that day and that was Oct of 2004.

Apparently he had been "stalking" his ex girlfriend, had gone off the deep end and was completely mentally fucked at that point. She had a restraining order and he had violated it numerous times. While moving him out we found some "drugs" that you would use to knock out women (yes, da roofies). He had a chick over taking pictures of her a few months before that doing "sexy pictures" for a gift for her boyfriend. Didn't understand why she was leaving notes in the mailbox for him until we found the pictures. Apparently he had never given them to her and was holding onto them as "spank material" or something.

While moving him out we found out just how far over the deep end he had gone. It was pretty fucked up.

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