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    vitamin k's Avatar
    vitamin k Posts: 1, Reputation: 1
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    #1

    Mar 5, 2009, 10:35 PM
    Unfair Unlawful Detainer Judgement To Mentally Incompetent
    What can I do to help a person that has mental health issues with the unfairly heard unlawful detainer judgement he received?
    Someone, whom I know was served an eviction for non payment of space rent and utilities in his mobilehome park. I only, just, became aware of the situation and offered to help in anyway. In my opinion, he has a legitimate reason as to non payment. It was out of his control, due to a discrepentcy with his social security check. He had a complete loss of income, and was unable to pay. He has many diagnosed conditions, which render him completely unable to be responsible for keeping track of court dates, proper completion of legal forms, etc. His ability to fully comprehend what is actually taking place all together, is questionable in my eyes. Someone,(whom he does not recollect)did file a response to the UD, but, I believe it was just a demurrer and not an affidavit of declaration to contest the eviction, and give explanation and evidence on his behalf. This morning he received a judgment to vacate, and did not even know what was happening and it was a done deal. This is wrong and he has no one to help and no where to go from there. What can we do to stop this action and have it fairly heard? If anything?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Mar 6, 2009, 12:12 AM

    If he is that mentally disabled he should be having someone else handle his financial affairs and not receiving his check and trying to pay his bills himself. Most people collecting SSD that have mental problems do have other people handle their financial affairs.

    What can you do to stop this action? Simple. Pay all the back rent that is owed to the landlord of the mobile home park and see if that will settle the matter. It generally does.

    As I said previously, if he is that mentally incompetent he needs to have someone else handle his finances for him. Not having the money in his account is not a valid excuse for not paying the monthly rental fee.

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