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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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My brother moved my sister into his rental house 5 weeks ago

Customer Question

my brother moved my sister into his rental house 5 weeks ago had her clean up and do all the moving and cleaning from the other tenants he had living there and that he had to have removed. My sister came home from the store to find his wife and daughter moving her stuff out to the road and told her to get out. My sister called my daughter to come over to try to stop this. My daughter walked into the house to find out what was going on. And she even called the law to get them to stop, They custed here out and told her to get out of their house. Which my daughter to them fine and my brothers daughter got in her way and got in her face custing her and trying to start a fight and my daughter moved her out of the way to get out of there and his wife jumpe up and passed my daughter out the door and shut the door and hit her in the back. then my brother s daughter called the law and the law was really on my daughters side and took her if she felt thrething and that she was trying to
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,Your sister can file suit against your brother for "illegal eviction" "damage of personal property" "assualt" and "battery" (some of these are intentional torts, so she is entitled to punitive damages as well as compensatory damages - additional money damages to punish his intentional actions).His wife can be added as a co-defendant for her assault/battery actions.Similarly, your daughter can sue for any assualt/battery that happened to her.http://www.nccourts.org/courts/trial/sclaims/Anyone that fears your brother and/or his wife will physically harm them can take out a civil restraining order against them. (See: http://www.attydc.com/blog/2013/09/25/restraining-orders-no-contact-orders-in-north-carolina/)You will want to visit your local court (or law library) for help with a small claims packet to prepare your case (they cannot give you legal advice, but they can help you make sure to get all of the documents together to get your case started).