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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?
Optional Information: Country relating to Question: United States State (if USA): North Carolina Already Tried: 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.
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Experience: 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.