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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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We were evicted because we went to jail I gave someone power

Customer Question

We were evicted because we went to jail I gave someone power of attorney to go get my belongings but the landLord wouldn't allow anyone to take anything . After a couple of weeks he let my p.o.a get my 2 Hondas but that was all now most everything has been destroyed or thrown away and my travel trailer is also being ruined
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 4 months ago.
I want to bring charges up against him as he has broken almost all the legal rights as a tenant I'm just not sure what papers to file . As you can see he signed it as me . He knew where we where but failed to send us these papers . So what court papers do I file to take him to Court
Customer: replied 4 months ago.
This was the first notice posted on our place after we were in jail . I sent my power of attorney there to get my belongings and he refused to allow them in to get them
Expert:  Dwayne B. replied 4 months ago.

Bringing charges against him means that you want to file criminal charges and to get that done you would contact the police and/or the District Attorney.

If you want to sue him civilly you would start by filing a Plaintiff's Original Petition also called a Plaintiff's Original Complaint in some courts.

The process of a lawsuit is essentially the same everywhere, with a few, minor procedural differences.

A lawsuit generally follows this process:

1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct

2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.

3) The sheriff will serve the defendant with the lawsuit.

4) The defendant will file their answer.

5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.

6) After that the next step is to set the case for trial.

7) During the trial you introduce your evidence and they introduce theirs.

8) The judge renders a judgment and a written order is entered.

That is the basic process of a lawsuit.

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