My x tenant was court ordered to pick up her belongings at my residence on June 23rd. She was to be escorted by the sherriffs office. No report was given to sherriffs office and tenant didn't show or call. What are my options now? Is this Contempt of Court?
Country relating to Question: United States
State (if USA): North Carolina
We are now in civil court but on July 13th we are going to criminal court on different charges (that is why the police escort). I was going to call her atty in the am. I am not represented by anyone.
If she did not pick up the property by the ordered date, you are entitled to remove it and either throw it away or place it at the curb or sell it to recover your losses. You can send her attorney a letter informing them that the client did not show up as ordered by the court and as a result the property has now been disposed of and you have your court order to support your actions.
PLEASE USE THE REPLY BUTTON IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON EVEN IF THE FEEDBACK SAYS NEED MORE OR HELPED A LITTLE, THIS IS NOT HOW TO GET MORE INFORMATION.
PLEASE CLICK ON “OK,” “GOOD” or “GREAT” SERVICE
I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted to use the REPLY button and we are happy to continue working with you to get you all of the information you require.
Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.
Please click the top THREE POSITIVE FACES so that we can get good feedback for working with you.
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
It was suggested to me that I need file a contempt or a show cause with the courts first. Is this true?
Legally you do not have to do so, you MAY do so if you want to give her another chance out of caution. If the court set a deadline date and she failed to appear you can now dispose of the property, however, some will tell you out of caution to file the motion for contempt (order to show cause for contempt) and get the court to order the disposal.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).