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-   -   Eviction (https://www.askmehelpdesk.com/showthread.php?t=682138)

  • Jul 12, 2012, 09:06 PM
    Timber01
    Eviction
    Have a tenant living in my property that hasn't paid rent since February. Went to eviction court twice. She forged a property purchase document claiming she invested money in the property for the 1st court. The 2nd court the judge seemed to have his mind made up from the start that eviction court couldn't handle the case even though she was arrested for the forged document with a sworn statement from the notary stating her signature was forged not to mention that the written agreement said nothing about her being able to reside at the property. How can I get them out without going to supreme court as they could drag this out for months while living for free?
  • Jul 12, 2012, 09:13 PM
    Fr_Chuck
    Hire an attorney it is obvious you are not using one, Sorry but some courts is not as friendly without an attorney, a coupld of months rent saved would have covered them
  • Jul 12, 2012, 09:30 PM
    Timber01
    I had an attorney represent me for the 2nd court date.
    Quote:

    Originally Posted by Fr_Chuck View Post
    Hire an attorney it is obvious you are not using one, Sorry but some courts is not as friendly without an attorney, a coupld of months rent saved would have covered them

  • Jul 13, 2012, 12:39 AM
    linda1976
    Quote:

    Originally Posted by Timber01 View Post
    I had an attorney represent me for the 2nd court date.

    Does your attorney specialize in evictions? If not, hire one that does the next time. I have a friend who is an Eviction Lawyer -- he's listed under "Eviction Services" in the yellow pages, so look there and find one.
  • Jul 13, 2012, 03:55 AM
    ScottGem
    If an attorney could not get the housing court to issue an eviction then you either need a new lawyer or there is something more here.

    Sounds like you have a tenant who knows how to play the system. Did you do a background check or check references before accepting her as a tenant?

    In any case. I think you need to pursue criminal prosecution of the forged document.
  • Jul 13, 2012, 08:11 AM
    Timber01
    She sure does know how to play the system. I did press criminal charges for the possession of forged document I haven't heard if it went to trial. The notary gave a sworn affidavit that she did not sign the document and I also gave one that my signature was forged as well. Wouldn't surprise me if she got found innocent on this the way the court system has worked to this point. I do have an eviction lawyer he is in the process of taking this to supreme court, I was wondering if there was another way for the eviction court to at least get her out of the house.
    Quote:

    Originally Posted by ScottGem View Post
    If an attorney could not get the housing court to issue an eviction then you either need a new lawyer or there is something more here.

    Sounds like you have a tenant who knows how to play the system. Did you do a background check or check references before accepting her as a tenant?

    In any case. I think you need to pursue criminal prosecution of the forged document.

  • Jul 13, 2012, 08:25 AM
    AK lawyer
    Quote:

    Originally Posted by Timber01 View Post
    ... I do have an eviction lawyer he is in the process of taking this to supreme court, I was wondering if there was another way for the eviction court to at least get her out of the house.

    Forgive me, but this is amusing.

    You have an attorney who specializes* in evictions . The only way this specialist can find to resolve this is to take it up with your state supreme court. But you are asking us to second-guess your attorney, who is a specialist in evictions no less, without even telling us which state it is?

    ------------
    *In my state, Alaska, attorneys are not allowed to say "specialize" (We are, however, allowed to say that we "emphisize" whatever area of law we want). But that's what it means. :)
  • Jul 13, 2012, 09:16 AM
    ScottGem
    If you filed charges, then you should be called as a witness. So if you haven't it hasn't gone to trial. You should be in contact with the prosecuting attorney assigned to the case to track its progress. You should be pushing for trial so that can help your eviction issue. If she goes to jail you can consider her out.

    I notice you didn't answer about background check or references.
  • Jul 13, 2012, 11:04 AM
    Timber01
    He is a good attorney. He is just very busy so I was just curious.

    Quote:

    Originally Posted by AK lawyer View Post
    Forgive me, but this is amusing.

    You have an attorney who specializes* in evictions . The only way this specialist can find to resolve this is to take it up with your state supreme court. But you are asking us to second-guess your attorney, who is a specialist in evictions no less, without even telling us which state it is?

    ------------
    *In my state, Alaska, attorneys are not allowed to say "specialize" (We are, however, allowed to say that we "emphisize" whatever area of law we want). But that's what it means. :)

  • Jul 13, 2012, 11:11 AM
    Timber01
    I made a phone call to the DA in charge of the matter and left a voicemail. It's been a little over a month since the arrest. I did not screen her before renting as she was a friend of mine till I found out that she was trying to steal my identity by opening credit cards in my name and actually did open a "bill me later" account and charged 2,500 dollars worth of murchandise to my name using her email address and my property address which she is staying at. I did make a police report.
    Quote:

    Originally Posted by ScottGem View Post
    If you filed charges, then you should be called as a witness. So if you haven't it hasn't gone to trial. You should be in contact with the prosecuting attorney assigned to the case to track its progress. You should be pushing for trial so that can help your eviction issue. If she goes to jail you can consider her out.

    I notice you didn't answer about background check or references.

  • Jul 13, 2012, 11:17 AM
    ScottGem
    Keep on the DA. I can see why no reference. But I have to say you need to do a better job of choosing your friends. Are you being held responsible for those accounts?
  • Jul 13, 2012, 11:43 AM
    Timber01
    I reported the charges as fraudulent and gave them her info and then filed a police crime report.
    Quote:

    Originally Posted by ScottGem View Post
    Keep on the DA. I can see why no reference. But I have to say you need to do a better job of choosing your friends. Are you being held responsible for those accounts?


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