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914World.com _ 914World Garage _ OT - Lawyer Advice Needed

Posted by: Scott Carlberg Mar 14 2006, 03:01 PM

a friend of mine is having a difficult time removing a total POS
from her home, who brings LESS than Zero to the household
- doesn't work, hasn't paid towards the mortgage for 2yrs
- verbally abuses her
- has shot a bb gun AT her, luckily missed her, not the point obviously
- drug user
- guns in the house
etc etc etc

Looking for some advice/direction on the Legal way to get him OUT!
re: forms to mail/post/serve etc

I know there are other ways.....

either PM
or
IM at aol or Yahoo.... werksracer

or here is fine

thanks.

Posted by: Andyrew Mar 14 2006, 03:09 PM

that sucks dude...

Posted by: dstar Mar 14 2006, 03:12 PM

IT is very simple.

Go the the local magistrate's office and tell them what is happening.
The magistrate will tell you what is necessary(legally) to get the guy out.

Anyone else is just armchair lawyering and may even get YOU thrown in jail.

Do what the LOCAL polizei tells you that needs to be done.

Don

Posted by: tat2dphreak Mar 14 2006, 03:16 PM

yep,she should seek police help...

Posted by: Root_Werks Mar 14 2006, 03:18 PM

QUOTE (dstar @ Mar 14 2006, 01:12 PM)
IT is very simple.

Go the the local magistrate's office and tell them what is happening.
The magistrate will tell you what is necessary(legally) to get the guy out.

Anyone else is just armchair lawyering and may even get YOU thrown in jail.

Do what the LOCAL polizei tells you that needs to be done.

Don

Every state, fuck, every county is different. I was a landlord once. Don't risk it, go to the locals, ask for help. They'll give you what you need.

Mention the bb gun thing and they will help more.

Posted by: Scott Carlberg Mar 14 2006, 03:20 PM

she just cld the Police out to the house on Sat afternoon, after growing tired of him Yelling & Threatening and then Sticking his fingers in her face. They came out and talked to the both of them, Police told her that he told them that he would leave her alone.
But, that since he Resides there, that she couldn't just kick him out, or change the locks.

I'd really appreciate it IF no one LOL at me, but what Exactly is a
magistrate's office?

Posted by: GTPatrick Mar 14 2006, 03:22 PM

Maybe she could get a domestic restraining order on his/her butt which would get her out.

Since guns are involved, that would be a double whammy on him/her Because if a person has a restraining order against and have guns in their possesion or near them as in theire own homes etc. . They can go to jail for that because thats a federal law in that domestice violence against women law that was recently passed.

But have her go to the police or a lawyer first to seek help. Maybe a womens, domestic abuse help line/center could steer her straight in the right direction.

Posted by: MattR Mar 14 2006, 03:25 PM

QUOTE (Scott Carlberg @ Mar 14 2006, 01:01 PM)
- guns in the house
etc etc etc

bigger guns?

disclaimer: thats bad advice, dont take it...

Posted by: Tobra Mar 14 2006, 03:27 PM

County courthouse, in California, if you are a landlord, you can NEVER(almost anyway) force someone out. Room mates are a differents story, should be no problem, but she would be better off moving away from the area to avoid future problems, or just kill the MF'er, put a knife in his hand and tell the cops, "He said he was going to kill me, I was in fear for my life." and prepare to spend the next few years going to court.

Posted by: dstar Mar 14 2006, 03:28 PM

A "domestic dispute" gets really old after about the 5th call...if she
is SERIOUS, all she has to do is get him to hit her and leave a mark.

After that, he's done.

CDV is FROWNED upon by polizei....

Don

Posted by: 914-8 Mar 14 2006, 03:39 PM

police aren't going to do anything if he lives there.

you need a lawyer, who will get a court order kicking him out.

the police (or sheriff's/marshal's office) will enforce a court order to remove him.

Posted by: lapuwali Mar 14 2006, 03:56 PM

Is this guy a tenant? Is there some non-verbal lease agreement here?

Or just some ex-boyfriend or roommate (or houseguest!) that won't leave?

There's a fairly big difference between those two, legally. The first is fairly straightforward, and she needs to look up the eviction proceedings. The second is a different problem. If his name isn't on any documents that prove he's supposed to be there, then perhaps throwing out his things, changing the locks, and claiming he's trespassing when he shows up will work.

Posted by: Scott Carlberg Mar 14 2006, 04:04 PM

QUOTE (lapuwali @ Mar 14 2006, 01:56 PM)
Is this guy a tenant? Is there some non-verbal lease agreement here?

Or just some ex-boyfriend or roommate (or houseguest!) that won't leave?

There's a fairly big difference between those two, legally. The first is fairly straightforward, and she needs to look up the eviction proceedings. The second is a different problem. If his name isn't on any documents that prove he's supposed to be there, then perhaps throwing out his things, changing the locks, and claiming he's trespassing when he shows up will work.

I thought about that too, but he'd have to be gone for a couple of days (and she'd need to know THAT, and normally she doesn't) cause he has ALOT of stuff there.
She also told me that a Utility bill or two is in his name, though her Checking acct pays for Everything.

he's an ex-bf of hers.

there's NO verbal or written agreement between the two of them.

Posted by: Brett W Mar 14 2006, 04:17 PM

Put everything in his name and move out for awhile. Except the house. When he doesn't pay the power bill they will turn the power off, same for the cable. When he leaves come back.

If he was a tenent, just take the doors off and take them with you. Your house. Not too many people will stay around when the doors come off.

Posted by: ClayPerrine Mar 14 2006, 04:35 PM

Rent a storage building. Move all of YOUR stuff there. Make sure you take the appliances like the fridge and the washer/dryer. Move into an apartment or a hotel for a couple of months. Turn off all the utilities that are in your name. If its a house and it is in your name, keep paying the mortgage. With the power off, and no food or heat he will move out quickly.

The only risk is that he gets pissed and trashes the house. But if he does it MAY be prosecutable under vandalism ordinances. It's easier if its an apartment, and you are both on the lease. Then you just go have your name removed from the lease, and move into a new apartment.

Or just get cousin Guido to talk to him......

Posted by: rick 918-S Mar 14 2006, 04:52 PM

This is a very sensitive subject for me. I hate men that are abusive. I had my young cousin come to me for help and advise. She had a very abusive husband, drug user, had guns, etc. She filed a restraining order on him, but over time they made up and she let him back in her house.
After he was back in he told her, he would never leave again. I told her to move out, take her son and move back to her moms house, I offered her a place with us, She said she didn't know what she wanted to do, and would think about it.
I received a call 3 day later from another cousin, Her husband hacked her to death with a machetti infront of their son. He was waiting in the basement for her as she came down with a load of laundry. He didn't know his parents returned from a day with the grandson about an hour early. After he finished her off, he ran though the house, past his parents and out the front door. He jumped in front of a bus on the freeway a few blocks away.

Tell her to set him up and get him arrested for abusing her, or posession, or both. While he is in jail, get a restraining order. Box his stuff and call the police everytime he farts in her direction. It's her only chance.

BTW: The call I recieved from my cousin Al was the saddest day of my life.

Posted by: lapuwali Mar 14 2006, 04:53 PM

My wife once got rid of a live-in boyfriend by literally finding him a new place to live. She found it, she moved his stuff, she got him to sign the lease documents, she closed the door (w/ new locks) behind him. End of problem.

If we ever get divorced, my life will be over...

Posted by: trekkor Mar 14 2006, 05:17 PM

Fumigation tent

KT

Posted by: jhadler Mar 14 2006, 06:25 PM

trekkor, well said. First laugh I've had today. Thanks!

-Josh2