defpro

Either vacate a judgment or sue....

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Hello all and here again is my plight.

My family and I were evicted, fell behind in payments of $1168 a month on our home, in Feb 2006. The People who evcited us, stole over $18,000 worth of our things in the process (got a police report-they loaded a van up right from the house, our neigbhors watched). they still have a judgement of $8,600 against us.

Went to attorneys (two), first, one of perps had worked for he so he did not wnat to represent us and suggested another who stated the amount of theft was in effect was 'back owed payments."

Flash forward, 2008, we purchased a house on land contract, $10,000 and lost that when the owner went bankrupt (put an offer of $80,000 on the house and the bank refused-it sits today forsale still empty with a selling price of $70,000 and a leaking roof and freeze damage!), main question is this.

In the house we live, lease to own, we could purchase if we pay the deposit of $5,000 to the people who stole all our stuff to vacate the judgment. This was proposed by a mortage lender. I'm dead set against this option and recnetly went to yet another lawyer, who said to much time has gone by to do anything now. Our year is up in Sept and I've gotta get off the pot, meanwhile I've been good with our credit.

Any suggestions?

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Can you explain more about the eviction. Did you know in advance? Did you make yourself available to move your stuff? In some evictions, if a tenant leaves anything behind, the landlord will remove the items and eventually dispose of them. You'd have to check your state's tenant/landlord rules.

With that said, there is a judgment in place. Your only options is to come up with a valid legal reason why the judgment should be vacated (improper service, etc) or offer a settlement to get the judgment satisfied.

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After a time, I determied the process service stated I had been served, yet there is no way I was( anyone in my family). The people who do the evicting do this on a regular basis.

Our things were stolen while being carried out of our house (loaded into company van-name was on the side of it). My oldest met one of the women who did this, she no longer works for these people and had been present at our home and did "get" some of our property. She was sorry for what happened, quit soon after.

The process server wouldn't identify himself to me, there wasn't any police anyone around and they entered the home while noone was present ( I work nights & kids were at school).

I've been to lawyers, went to the police, sent email to state Attorney general (Mi) and don't want to pay these buggers anymore than they

've screwed us.

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Two issues:

1. If you believe you had improper service, then you can pursue getting the judgment vacated on those grounds. Check with the courthouse for rules and procedures on how to file the motion. In most states, you have up to one year to challenge the judgment. But, again, contact the courthouse.

2. As far as the stolen property, if you are properly notified that you are being evicted and have to vacate the property by Aug. 1st, then on Aug. 2nd, the landlord can enter the property for the purpose of getting it ready for the next tenant. At this point, they can remove any items left in the property and they are not responsible if items are stolen during that process.

Were the items stolen before the last day you were allowed in the property?

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Two issues:

1. If you believe you had improper service, then you can pursue getting the judgment vacated on those grounds. Check with the courthouse for rules and procedures on how to file the motion. In most states, you have up to one year to challenge the judgment. But, again, contact the courthouse.

Been to the courthouse-as I was getting copys of the papers, the man who served me was there behind the counter chit-chatting. There was a date of serive and time, but it didn't make sense as soemone is and would've been home at the time they said this was served ( I say this as the last time we'd been served I went ot lawyer and stopped the process-got paid up, see I believe they wanted to take this action for the property value; can't prove it). Again at least tow seperate people stated this how they roll.

2. As far as the stolen property, if you are properly notified that you are being evicted and have to vacate the property by Aug. 1st, then on Aug. 2nd, the landlord can enter the property for the purpose of getting it ready for the next tenant. At this point, they can remove any items left in the property and they are not responsible if items are stolen during that process.

Were the items stolen before the last day you were allowed in the property?

The items were stolen on the day we were evicted, 2/14/06; by the people who were eviciting us-loaded into their company van during the process. Did I tell everyone they even stole our income tax from my wifes purse off our table, only took the cash though. Took, kept our washer, dryer, fridge all were new. BTW the house was refinanced by this company (family owned) and wasn't gotten ready for the next tenant-it was left to the bank! It sits vacant to this day, unable to be sold as it is now mold infested and water damamged as well (heat was off during winter and it flooded).

Thanks for your help:D

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