[rriley80]

I need to see an example form for a notice to set aside judgment in the state opf Kansas for an eviction.

[this8384]

I need to see an example form for a notice to set aside judgment in the state opf Kansas for an eviction.

What are your grounds? Was it a default judgment?

[rriley80]

Yes, it was a default judgment. I filed a response to the court on my court date at the time of my hearing like I was told by the court clerk. They gave a default judgment and now I am going to lose all of my stuff to my landlord that made agreements with me and lied.

[this8384]

Yes, it was a default judgment. I filed a response to the court on my court date at the time of my hearing like I was told by the court clerk. They gave a default judgment and now I am going to lose all of my stuff to my landlord that made agreements with me and lied.

If you filed a response before the hearing, then it was not a default judgment. A default judgment is when the defendant does not show up for court and the plaintiff wins by default.

Also, your landlord cannot legally keep your belongings just because they won a judgment for eviction against you.

What was the response that you filed? Did you admit or deny the allegations made by the landlord? What was the landlord's reason for filing - were you late on rent, disturbing other guests, etc.

[rriley80]

I had a severe allergic reaction and lost my job because they run on a point system. My two smallest children's father came to help me out to watch the kids so that I could work, if they get sick I lose my job, etc. My landlord agreed to give me until I got my first paycheck to pay off the other half of my rent. Less than a week later I received a notice from the court that she was going to sue me for the rent. She also informed me that I could not have my kids dad there and that he could not step foot on her property or she would not continue my lease. She let us go that month for four days with no heat because she did not have the money to fix the heater. Next I called her to see why she gave me the papers, she said that I had two weeks. I got a title loan on my car for 600 dollars, then got my paycheck and I had 1000 dollars total. She then told me that I could fix the problem and I would not have to move if I gave her, in person, in cash 1200 dollars, she wanted me to meet her 3 hours from here all by myself, with the cash in hand? My mother told me not to go, she also told me that I needed to bring her an extra 20 dollars for gas for making her go out of her way. At the same time she was telling me that I still could not have my kids father watch the kids at my house or she would have him removed by the authorities if I did not put him on the lease. They gave her a default judgment because they said that I did not show up. I turned in my response at the time of the court hearing though like I though I was supposed to do. She set me up, and is now trying to keep my stuff form me, including my kids birth certificates unless I give her 1400 dollars all at once. I feel that it is my right to have a fair trial and have someone step in because what she did was not right.

[rriley80]

She got the default judgment and then she had the sheriff come and she changed to locks, I had to get me family a new place to live because she said that she was not going to continue my lease, so I spent the money on a new apartment. Then I had to get a storage for the stuff, I only had 1 and a half days to move my stuff because I had to wait for the apartment to be ready and for the money to get the storage.

[rriley80]

I denied the claim by the way in the response that I wrote and it was turned in before she saw the judge.

[this8384]

I had a severe allergic reaction and lost my job because they run on a point system. My two smallest childrens father came to help me out to watch the kids so that I could work, if they get sick I lose my job, etc. My landlord agreed to give me until I got my first paycheck to pay off the other half of my rent. Less than a week later I recieved a notice from the court that she was going to sue me for the rent. She also informed me that I could not have my kids dad there and that he could not step foot on her property or she would not continue my lease. She let us go that month for four days with no heat because she did not have the money to fix the heater. Next I called her to see why she gave me the papers, she said that I had two weeks. I got a title loan on my car for 600 dollers, then got my paycheck and I had 1000 dollers total. She then told me that I could fix the problem and I would not have to move if I gave her, in person, in cash 1200 dollars, she wanted me to meet her 3 hours from here all by myself, with the cash in hand? My mother told me not to go, she also told me that I needed to bring her an extra 20 dollars for gas for making her go out of her way. At the same time she was telling me that I still could not have my kids father watch the kids at my house or she would have him removed by the authorities if I did not put him on the lease. They gave her a default judgment because they said that I did not show up. I turned in my response at the time of the court hearing though like I though I was supposed to do. She set me up, and is now trying to keep my stuff form me, including my kids birth certificates unless I give her 1400 dollars all at once. I feel that it is my right to have a fair trial and have someone step in because what she did was not right.

What state is this in? Did you have a signed lease with her or was it a month-to-month tenancy? How far behind on rent were you?

And yes, just filing a response doesn't count as appearing for court. You need to actually be present. Either way, the landlord is not allowed under any circumstances to keep your personal belongings. If she continues to refuse to let you retrieve your items, take a sheriff over there - see what she has to say about that.

[rriley80]

I am in Kansas, she said that she can hold the items until I pay her 1400 dollars in cash. Also that in 30 days she can sell the items.

[this8384]

I am in Kansas, she said that she can hold the items until I pay her 1400 dollers in cash. Also that in 30 days she can sell the items.

No, she can't. She cannot legally hold your property. You could owe her a million dollars; she is not allowed to keep your things. In fact, she could very well get herself into trouble by having the locks changed only 1 day after the eviction was granted. I'm not sure on Kansas law but in my state, I have to give a tenant 7 days notice to vacate after I receive a judgment against them and if they refuse to comply, THEN I can have the sheriff remove them.

Like I said, contact the local police and ask them to escort you to the premises to retrieve your belongings.

[rriley80]

I don't actually think that it was 1 day, it was actually like 5 days, but the sheriff came with her to lock the doors and she said that we could not even come in a get stuff while the sherriff was there. Do I have to put in the motion, or can I just go get my stuff?

[this8384]

I don't actually think that it was 1 day, it was actually like 5 days, but the sheriff came with her to lock the doors and she said that we could not even come in a get stuff while the sherriff was there. Do I have to put in the motion, or can I just go get my stuff?

Now your story is changing. You said you only had a day and half to get your things; you actually had 5 days. The sheriff can change the locks after 5 days per state law.

However, she still cannot withhold your personal belongings as "ransom" until you pay the judgment. That's not how it works. You can get your things; take an officer with you like I said. If she still refuses, then you need to go back to court.