My brother asked to say with me "for a few days"... it turned into 10 months. Week to week I expected him to move. He stated 3 times he was moving. He did not. The last time he wrote on a envelope, "moving within 2 weeks"... on the 12th day he came to remove clothing, computer, & work clothes. He left a HUGE mess along with a futon bed frame and LOADS of dirty laundry, a $25 TV... DVD player (prob about $50) and a 22 rifle. He hasn't contacted me or come back in (now) 6 days. Day 5 I boxed up this belongings and put them in my garage. The police has just left my house and knows NOTHING about the 'civil' timing of his property. Do I have to file eviction? Do I file Pay & Quit? I DO NOT want his stuff. He owes me almost $800 plus I disconnected his cell that I was paying for. HELP! Thank YOU.

He moved out, leaving some of his stuff? What were the police there about?

I don't think you have to evict, but you do have to send him a letter to pick up his things or they will be thrown out. I would wait a few more days and then change the locks.

And make sure you keep the envelope with his termination notice.

The police came because he said 'do you want me to choke you'... on Friday the 28th. I have changed the locks as of yesterday the 30th. (wouldn't you if you were threatened and have a handicapped child?) I boxed up his stuff and put it with the rest of his belonging in my garage. I do NOT know where he is. All I have is his work address. He left me owing $800 plus I had to disconnect his cell, that I was paying for.

It sounds , at least from your side of the story, that they moved out.

So you called the police on them threatening you ?

Yes, he moved. I live in VA. I guess I'm going to have to go to the court house = civil court and find out my options. I just can't believe he has more rights than me. This is what I get for HELPING out an idiot brother... who makes $3K - $7K a MONTH and can't pay rent to me (under $500 a month). I live on Social Security. Something just sucks about all of this. Thanks for your help.

At this point, you have a statement from him that he is moving, you have his apparent vacating the premises. You have changed the locks. So let it be unless and until you hear from him.

Quote:

---

Originally Posted by juscindy

Yes, he moved. I live in VA. I guess I'm going to have to go to the court house = civil court and find out my options. I just can't believe he has more rights than me. This is what I get for HELPING out an idiot brother...who makes $3K - $7K a MONTH and can't pay rent to me (under $500 a month). I live on Social Security. Something just sucks about all of this. Thanks for your help.

---

Where did you get that idea from the previous posts?

You were told that you don't have to do anything. Why do you still believe you will need to go to court?

And court clerks are normally prohibited from giving you "legal advice" anyway.

Quote:

---

Originally Posted by LittleJohnny

Why waste the time going to court? My mother hates the legal hassle. Since his belongings are in the boxes, put it somewhere and charged him the labor and time say 1000 bucks.

---

In THIS case yes, going to court is a waste of time, but generally the time spent going to court can save a lot of headaches down the road.

And what does what your mother hate have to do with this? Are you saying your mother is the OP?

Finally, charging a ridiculous amount of money is foolish. That can also get one into trouble. A $1000 for packing up a few boxes is ridiculous.

OK, so let me get this straight. You guys are telling me - basically to let it go? I nicely let a brother screw me OUT of $800 rent/borrowed money - PLUS paying a cell bill for him (and a cell phone) for 10 months, feeding his dogs (2) for 10 months PLUS taking care of them for 50+ hours a week - supplying him internet and cable.. packing his lunch EVERYDAY for 4 months.. all the while I am raising a child with cerebral palsy and lupus LIVING on $2K from SS?

He moved some of his stuff out last week, I guess the word EVICTION is where I went wrong posting this. (sorry but I am UPSET). All I want is for him to stop using my garage for FREE storage and pay what he owes me. YES, the police were called at the request of a police officer I spoke to. HE sent the officer to my house for me to explain the CHOKING comment my brother made to me. My main worry was the rifle I found LOADED in his room.

I am at fault posting this without putting all this neatly and in order. He moved on his own, not eviction. He makes between $3k-7K a month and can't pay me a measly $800 and just get his stuff out? We all have a family member who is an idiot.. and have made mistakes. I horribly regret mine. Did I mention he is addicted to prescription painkillers and is a nut when he can't get them. He pays about $300-$400 a month buy them off the street. And having strangers at my house all hours of the night... again I have a handicapped child and am single mother just trying to make ends meet.

I messed up the second sentence. I meant to say... I nicely let a brother live in my house -- and I'm to let a brother screw me OUT of $800 rent/borrowed money... etc.

SORRY.
Cindy

Your original post was about getting him out of the house. That's the question we answered. Now you are asking how to get the money you feel he owes you. That's a different question.

We understand your anger and you have every right to be angry. You were nice to give your brother shelter and he abused your generosity. That sucks. Yes we were saying to let it go, because all we knew was that you wanted him out. I'm pointing this out because it seems you are angry with us for not answering a question you didn't ask.

If you want to get reimbursed, you will have to go to small claims court. You will have to show that you lent him money, paid some bills, provided shelter with the expectation of being reimbursed. If you can show the court that is the case, then you will probably win a judgment against him.

The problem then will be collecting. You may have to file a garnishment of his salary or otherwise attach assets.

Scott, I did not imply that I was angry with you guys. I did point out I was upset and didn't get it right in my posting. I do apologize.

I am going to try and file 'something' against him. I have never had to do anything like this so forgive me for not knowing what I am doing. I am stressed beyond the max. I have nothing in writing about money and I KNOW its my fault. I was overly generous and being too nice, but he is addicted to painkillers and was just trying not to get HIM MAD. It was easier to give in and do without on my part than to set him off. He is evil and I was just plain wrong to let him move in here. (my daughter is on major pain meds, he thought he was moving into a pharmacy -- meaning he has tried to get my daughters meds and has stolen many of her medications behind our back when he realized he wasn't getting any. We have had to hide them and thisis what caused him to lie to Social Services about me.)


I've learned my lesson the hard way, when all I tried to do was help.
Thank you for all your answers.
Cindy

... uh, when I say give in... I MEANT - MONEY. NOT my daughters prescription meds.