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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Customer Question

my son has made it virtually impossible for me to move from his house by issuing me an order to vacate. What can I do?
Submitted: 3 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 3 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Can you please provide me with more details about your situation and also please state your specific legal question for me, as we cannot tell customers what to do, but can only provide general answer to a specific legal question
Customer: replied 3 years ago.

My son invited me to sc in 2011, I came in 02-011. we were doing fine. We had our differences but was able to iron them out with much flak, afterward. I;m oa a fixed income and this was established before I came my daughter who is disabled and has breast cancer came also. I was informed that I had to assist with the house. no problem, not knowing I was expected to pay all utijlities and buy food. In june of 012, myother daughter invited by him came also.; On thanksgiving weekend, my and I were in an argument, and he attempted to attack me my grandson and his mother, plus my goddaughters had to restrain him. A week or so later, he issues an order to vacate to my grandson, because I refused to allow him to be put in the street, he became angry at me feel that I was taking sides against him because he wanted to put my grandson in the street with nowhere to go. He


also threatened to have utilities cut off. but was told he would get into trouble. has been very insulting and now that he has a new girl friend,


he sent me a letter that he was going to evict me. I was told that I did not have to respond to a piece of paper. and the eviction process wasnot a speedy.I was looking for a place and found one the realtors contacted him and he told them that he had sent me a order to vacate.Which I never received. It appears in sc. that the law allows


realtors to use this information to deny people. Now that I have been blacklisted, and now am unable to get housing. what do I do ?


a

Expert:  Alex J. Esq. replied 3 years ago.
Dear XXXXX,

Unfortunately, I am not permitted to tell JustAnswer.com customer as to what they should do, as that would constitute a legal advice, which can only be given to you by your local attorney, upon full review of your situation.

I will opt-out without any charge and will open your question to other JustAnswer.com legal professionals.

Thank you!
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your post. A different professional here. Perhaps I can assist you further. What, ideally, do you wish to accomplish? That may permit me to respond to your concerns in a more specific manner. Thank you!
Customer: replied 3 years ago.

I am attempting to move, however do to being blacklisted, I am having trouble. I want to move. but again do to his issuing a order to vacate realtors will not rent to me.

Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up. I appreciate your patience. My apologies on the delay in responding to you, I was offline for the weekend.

You stated that you were 'blacklisted'. Is there any evidence of that fact? Did you attempt to obtain housing and were denied? Where exactly was anything put into your record?
Customer: replied 3 years ago.


Yes when I applied for housing with a realtor, I was told that I was denied because I was given an order to vacate. I then went to the magistrates office to confirm, and was told that this was true, and that I had to wait for the sheriff to come. which has not happened.

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up.

Oh, I think I see--it sounds as if your son was somehow able to obtain a court order against you which is what is now showing up when an evaluation is performed. What you would then need to do is to go ahead and contact the courthouse where this decree was obtained against you, request a re-hearing to set aside the judgment on grounds that you were not properly served or even formally informed of this hearing taking place, and that you wish to have the courts re-evaluate the whole petition from the very beginning. If you truly were not served and were not given an opportunity to appear, and your son failed to follow the proper procedure in how to pursue an eviction (via a notice and a summons), the eviction is not valid, but it would then need to be attacked via the courts first--they would be the only ones who could compel your son to remove this notation from your history.

Good luck.

Customer: replied 3 years ago.

When I went to the magistrates office, I was told that I must wait for the sheriff to come to the house before I can do anything. Is it possible for him to enter a order w/o my being notified?

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up.

That is not quite true. If a sheriff appears, he will be carrying at least some sort of a writ of possession, the order that the courts granted allowing for the eviction to take place. That writ can be attacked via the courts before the sheriff appears either via an injunction or a motion to set aside the order until a re-hearing takes place.

It is possible to enter an order without you being physically there, but not without you being notified--you have the right as a tenant to appear in court and contest the petition once informed that an eviction is taking place.

Good luck.

Customer: replied 3 years ago.

presently, no eviction has been served. The only thing I received is a letter that stated that I had to be out by 03/2713 is this considered an eviction notice? and if so, can I take this letter to the magistrates office


and apply for an order to show cause?


 

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up.

The letter stating that you be out may be the direct eviction notice that I was referring to. In that case there is as yet nothing to take to the magistrate, you would need to wait until the letter expires and he files in court for an order which you would then be able to object to.

Good luck.

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