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My eviction hearing was given a chance, passed onto judge by magistrate

Discussion in 'Accomplishments' started by Happyplace76, May 19, 2018.

  1. Happyplace76

    Happyplace76 Active Member

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    Ok so I've never seen this happen before... (I was a property manager for 10 years seen over 150 evictions ( I hated that part!!! Which is why I know what they're doing!)... but I see today as a victory.

    Well first off I held myself together up until about 2,3 pm given the hearing was at 4. In all 10 years, I've also never seen an attorney talk to tenants the way this man did (he was the kind out to purposely be a dick)

    My therapist - my amazing therapist was there as a witness of him telling me he "gave" those two weeks when the case was continued. Umm, no there was a family emergency and the continuance motion mentions it. He told me that because of that, and that I hadn't moved (I told him I had no where to go or trust me I would've) that he was going to "make sure to get the writ today so I'd have to be out Monday or Tuesday) Nice guy. Basically trying to bully me - that's what my therapist said he was doing. I told him no thanks that I wanted to go before a judge. Had to tell him twice.... You all would've been so proud!! lol!

    So I won't go into everything but one big thing was that the Property Manager who signs and delivers the 3 day notices wasn't there. The maintenance guy was instead. Usually the Property Manager or management HAS to be with the attorney because they testify the delivery of the 3 day notice. I asked where the property manager was since she was the one who had given me the 3 day notice - they said that she had resigned Monday. This is key because the property manager had been the one who had told me she had accepted the emergency rent voucher from another tenant just in March. But didn't accept my voucher - because she couldn't testify. Well thank GOD I had the letter from Jobs and Family Services showing that the property had refused - and it was entered into evidence. (This is very rare - usually an eviction is wham bam, 3 questions asked, you're out) I explained to the judge that they had a history of accepting rent late in the past, they were offered the rent and they refused, my son was ran over in one of their parking lots so I think that has a LOT to do with this) that they knew of his previous disabilities, and they knew of mine - they PTSD, the credit card fraud that left me unable to pay the rent, and that they had a history of taking someone else's voucher in the recent past. I think that I obviously had some good defenses (these were ones that the legal aid lawyer gave me) because this NEVERRRRRRR happens in eviction court. Very very rare.

    So now I will find out what the decision is by mail. Guessing it could me mid week. If a Magistrate saw something fishy in all this, the Judge might too. I'm praying that God goes before us in the coming week. It's a good thing I hadn't committed myself or finished it all because either something I did, or God did, the apartment but it worked out in my favor instead.

    At least I'll have some peace this weekend. Thank you all for your prayers! They must be working :) There could be light here.
     
    Abstract, berlinda, Junebug and 5 others like this.
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  3. blackemerald1

    blackemerald1 I'm a VIP Premium Member

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    Well done...you went prepared to do battle and won the day. Good news!

    Yes this must be a relief...

    Yes I praying for you and please let us know!!:hug:
     
  4. littleoc

    littleoc Making everywhere I go a better place Premium Member Donated

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    This is exciting to hear! I am wishing you the absolute best :hug:
     
  5. Happyplace76

    Happyplace76 Active Member

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    Thank you @blackemerald1

    Thank you for the prayers
     
    Last edited by a moderator: May 20, 2018
  6. Happyplace76

    Happyplace76 Active Member

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    :hug:
    Thank you @littleoc ! Still getting used to this forum!
     
  7. berlinda

    berlinda On the way to find out :-) Premium Member Sponsor $100+

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    Hi @Happyplace76 sounds excellent news so far! I really hope you get the correct result -ie in your favour :tup:
     
    blackemerald1 and Happyplace76 like this.
  8. recoveringfromptsd

    recoveringfromptsd I'm a VIP Premium Member

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    I went thru something like this before in Virginia, it was a maintenance issue, and I knew the state law on this, in any case I put the rent into an new account, and presented the rent as a cashiers check to the court clerk the day of court. In Virginia if you pay any arrears at time of court the eviction stops dead in its tracks. Also the law says you can only withhold rent if the rent is placed in an escrow account until court. I had filed a notice at the beginning that the rent was placed in a separate account, where it will stay until court, and be presented then to the court. They tried the trick of not accepting it, and pissed off the judge. He threw the case out, and said they need to make piece with me, and never bring this case back to his court again. I am sure my case affected their future evictions with this judge them having gotten on his bad side. I did not even have to bother presenting my side. The beauty of this was I still could bring a civil case against them over the maintenance issue. A fact I used to get things fixed as they should have been.

    Proud of you @Happyplace76, standing up for yourself is something a lot of people don't do. And sometimes bully's don't expect and don't know how to handle those who stand up to them.
     
  9. Happyplace76

    Happyplace76 Active Member

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    Thank you so much for your reply! It's been very helpful - I still wont know what side the judge will rule - So still nerve wracking but I really really appreciate this story!
     
    blackemerald1 and littleoc like this.
  10. recoveringfromptsd

    recoveringfromptsd I'm a VIP Premium Member

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    @Happyplace76 My experience is they tend to rule based on the lease but consider the efforts made. In many states they use the federal model for tenant-landlord law, and many have it so that the eviction stops if you pay up before you go before the judge. (best to pay thru the court clerk).

    Word of advice, don't say anything until the judge asks. Speaking without being prompted tends to irritate judges. With luck they will get on the judges bad side.
     
  11. Happyplace76

    Happyplace76 Active Member

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    Thank you - It's quite clear and would be if I had been strong enough to get some discovery - turns out that the property manager resigned Monday - so my admission that she had said that she had previously accepted the voucher the month prior with a different tenant was stopped by the judge. I spoke with Metrohousing today, because if I get evicted I lose that assistance and literally there goes my way of supporting my son. I told her that the magistrate gave case over to judge - which was something I had never seen before. They are usually just nasty over there - been my experience even when I didn't have a section 8 voucher. She said that she had seen it before. My next obstacle will be getting the funds to pay April and May (housing was supposed to reduce my rent payments for May) - lady at Metro is looking into this for me. My other option is to appeal it, and then work with Metro - I'm stressing :( - truthfully I think it's a good sign she gave to judge, but then again I had real, valid defenses - but the waiting... for the decision and not knowing what I can do, where to go. My caseworker over at the women's shelter was supposed to get back to me last week about having representation for last Friday but never did. I left her another message letting her know about the hearing - just seems like there's nothing no one can do - and I feel the same way :( I didn't commit myself or doing anything worse and I know it sounds strange but I wanted to "give God a chance" to maybe make things ok. I was and if this goes through - I just won't have anymore fight. Last year has taken it out of me. Truthfully I think the proof from JFS showing that they were willing to pay the rent but the property refused is my best defense - and that this is a tenant whose son was ran over in their apartment parking lot who already had disabilities before. I called the main office and complained that the steps weren't being cleared this winter because he was in crutches and a boot for a month - at first they balked. Lots and lots and lots of stuff... this is a property on a mission to remove me and other than this rent thing, complaining just a few times about noise, we've been model tenants.
     
  12. recoveringfromptsd

    recoveringfromptsd I'm a VIP Premium Member

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    As to the magistrate handing over to a judge that is normal. In many places the magistrate sort of acts as the filter as to whether a case is contestable and requiring a judge. Simple cases where there is no contesting (like someone willfully did not pay their rent) in some places the magistrate is able to settle the case. Same in many police stations, the magistrate hears the complain and if he/she feels it has merit a warrant is issued.

    Section 8 vouchers are portable, I had it years ago, this a matter of them not accepting your voucher, not a matter of not paying your rent (I assume from what you have said so far), Landlords get federal money from HUD to rehab their properties (a lot of money), and for that they are required to accept section 8 vouchers. They are required to take it no matter what, He could be suspended from section 8 by HUD or worse, if that happens the feds will require him to repay the federal money used to rehab. You should probably complain to HUD and your section 8 worker.
    You probably should also go to legal aid, what they are doing is wrong and illegal. In fact them not taking care of safety hazards probably puts them in violation of the lease. Points legal aid can bring up.

    I would take multiple paths at the same time on this, HUD, your section 8 worker, Legal aid, and thing/person you can muster to your defense, if he sees he is out gunned he may stop this non-sense he is putting you thru. Put them on the defensive for a change. You have nothing to loose by trying and everything to gain.

    I wish you luck with this, I hope your using all your supports to cope with this. This kind of thing would likely put me in the hospital.
     
  13. Happyplace76

    Happyplace76 Active Member

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    It wasn't a section 8 voucher they wouldn't take, it was an emergency Prevention program voucher through the state Job and Family Services office. My old TANF card # had been used fraudulently in two different states the day that I reapplied for welfare (because of lost job, left abuser, our car accident on highway) and they had to send out a new card. Well then that card got cancelled because it was on its way to the abuser's house (Where we had just left - I wasn't able to leave my house for a month). So I had it mailed directly to Job and Family Services. Granted I was going to have to have my rental amount changed, but I could've at least paid for April. I already had section 8 - I paid nearly $400 every month for my rent through Section 8. So housing paid, I didn't/couldn't - and when I offered they refused the JFS voucher despite taking someone else's just the month before. Housing Office - they're nasty and afraid of losing potential places that will take the vouchers because I live in a wealthier area where nobody wants to take them. Truly because of where I live, they are very blase about anything. They were the ones who told me we weren't able to move after my son got ran over unless I gave them proof of disability (PTSD but too soon for diagnosis, son has ADHD and autistic traits which they know about and I brought this up in the hearing too) But I have spoken with them multiple times and should've called fair housing - because I'm on the Muni site and my eviction is the FIRST one in 2018. Only one. The PM (who resigned) Monday used to take late payments (definitely on the 5th without a 3 day!!) and had even told me when I moved in that if I had a problem to let her know. I was a mess when I first returned - but told her what had gone on. I had a 3 day waiting for me in March day I left the message (granted it was the 10th) but I paid with last of my tax refund/all money.

    It was housing AND the lawyer at legal aid (who said I had slight chance, but nobody could represent me blah blah) that had reiterated that I was going to lose my housing assistance. I'm looking into it, and there's a chance for appeal depending on outcome. And yes, I almost admitted myself last week - I am seesawing between suicide if this doesn't get worked out because I. JUST. CANNOT. GO. through this. I am too tired, feel totally beat up on all sides. My brain is shot and this is my last string of hope - is how it feels. The thought of my son having to be homeless is just too much, not after all that we just went through and escaped. Thank you - I can tell you went through this and you've been INCREDIBLY helpful. I'm so scared and discouraged.
     
    blackemerald1 likes this.
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