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  • Dec 30, 2013, 05:09 PM
    tackes62
    How long does someone have to remove their property when evicted
    Evected persons from my home. They were to be out on 15 may 2013. They were gone but still had items in home till 16 July 13. Then they were to have all items in garage out by 15 June 2013 and this has not happened. They had till 30 July 13 to remove firewood and wheelchair ramp. Has not been done.
    Gave him additional time twice and still not done. Threaten to kill me twice durning all this. Now plaintiff atty sent me papers to appear in court on 27 jan 14. They filed a complaint against me besides wanting the property, place a restraining order against me for his property.
    Also received a summons to response in 45 days in chapter 802 of the wis. Statutes. How do I do this
  • Dec 30, 2013, 07:50 PM
    ma0641
    What is their complaint? Did you follow Wisconsin laws, filed proper forms. Threatening to kill you is assault. Get the police involved. Google Wisconsin statue 802. There are answers as to how to reply
  • Dec 31, 2013, 04:55 AM
    Fr_Chuck
    So you never actually did a legal eviction. You never went to court, when his property was not gone, and filed a real eviction in court.

    If you had done this, at the date of the court eviction, you would have removed all of his items from the property.

    So you merely told him to leave, threatened to evict him and he left ?

    It sounds like you did not actually evict him.
  • Dec 31, 2013, 10:18 AM
    tackes62
    Additional information:I did legally evict him, went to court in April 2013. Above were the dates the court gave him to have his property out and also date to move out May 15 out of home, he was out then but not all property. That wasn't done till 16 July 2013. Garages 15 June 2013, this was not done,and wheelchair ramp and firewood, this was not done 31 July 2013. Went back to court and judge said it was up to me, if I wanted to give more time. On two separate occasions I expended this. 1st time I set up time and what area he could start to remove his property, he came at night when told not to come on property which he is in contempt of court. And again during the day and he didn't follow the agreement I set up with the police. 2nd time he had 10 days to remove all his items and only showed up 7 days. He is a hoarder. I have 2-2 car garages 1st bottom portion of garage is half empty, also vehicle in here and the attic is still full. 2nd garage is totally full on bottom and in attic is full.
    I did sent the 3 notices that were required in the state of Wisconsin. 30 day notice to move, 15 day notice and 5 day notice, these were all mailed to him.
    Let me add I'm disabled with 2 children at home, I have neither the funds nor the ability to move all this out of my property. My question is am I able to sell this or what do I do with it. His attorney is talking about putting a lien on my home and paying for his attorney bill. I just want this to be over and be able to use my property. And the way this man has been moving the property is one load at a time per day, when he would show up.
  • Dec 31, 2013, 10:26 AM
    AK lawyer
    Quote:

    Originally Posted by tackes62 View Post
    Additional information:I did legally evict him, ...

    You still have not answered what it is for which he is suing you.

    If he is suing for his abandoned property, file a response with the court explaining the details of the previous eviction action, and in particular the multiple opportunities he was given to remove his stuff.
  • Dec 31, 2013, 10:28 AM
    tackes62
    Eviction/property
    I legally evict him, went to court in April 2013. Dates the court gave him to leave property was on May 15 , he was out then but not all property. That wasn't done till 16 July 2013. Garages 15 June 2013, this was not done,and wheelchair ramp and firewood, this was not done 31 July 2013. Went back to court and judge said it was up to me, if I wanted to give more time. On two separate occasions I expended this. 1st time I set up time with Police and what area he could start to remove his property, he came at night when told not to come on property by judge. He is in contempt of court on this I know. And again during the day and he didn't follow the agreement I set up with the police. 2nd time he had 10 days to remove all his items and only showed up 7 days. His attorney wrote up this agreement. He is a hoarder. I have 2-2 car garages 1st bottom portion of garage is half empty, also vehicle in here and the attic is still full. 2nd garage is totally full on bottom and in attic is full.
    I did sent the 3 notices that were required in the state of Wisconsin for part of Eviction. 30 day notice to move, 15 day notice and 5 day notice, these were all mailed to him.
    Let me add I'm disabled with 2 children at home, I have neither the funds nor the ability to move all this out off my property. The Sheriffs dept said they would not move it. They didn't have the man power or the time. My question is am I able to sell this or what do I do with it. His attorney is talking about putting a lien on my home and paying for his attorney bill. I just want this to be over and be able to use my property. And the way this man has been moving the property one load at a time per day, when he would show up. Threaten to kill me twice because he wouldn't listen to judges orders and I wouldn't put up with that behavior. Their also is another vehicle that is on the property that belongs to him.
  • Dec 31, 2013, 12:29 PM
    joypulv
    I think this all hinges on your statement 'his attorney wrote up the agreement.' Without seeing what it says word for word, we can't really help, and you are at the mercy of it.
  • Dec 31, 2013, 10:16 PM
    Fr_Chuck
    I see part of the issue, is that you allowed him extra time past the eviction time. The reason for a legal eviction is to get court officers at the home and physcially remove all of the property at that time.

    At this time, if they have an attorney, you need just to hire an attorney and let them handle it.

    In landlord relationship, a landlord can not be a "nice guy"
  • Jan 1, 2014, 07:16 AM
    ScottGem
    We need to know the grounds of his suit. Without that its hard to help.

    But I can say you let this drag on too long. You have court orders for him to vacate and remove his belongings. Yet you didn't enforce them. You should have sent him a letter last summer to either remove his property by a specified date or you will consider them abandoned to dispose of as you see fit. Now that there is pending litigation you can't do that.

    I would suggest you engage an attorney and counter sue to declare the property abandoned.

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