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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9087
Experience:  since 1983
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Served with Dispossessory. Reason: Turmoil and Conflict. By

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Served with Dispossessory. Reason: Turmoil and Conflict. By Text message 5/23/2016 my husbands sister says make arrangements to move out. That was our notice to quit. We live in Georgia on her property. We had a modified home built prior to moving in upon her pleading after my husband became 100 percent disabled. Saying we could live here as long as we want. My husband is a veteran. We were going to apply for the TRA grant with the military for 30k to build onto his sisters barn. But we couldn't get the grant started unless we were in person in Georgia. So we were in a bind because we needed a handicap assessable home available when we arrive. We sent his sister and brother the document which we acquired from VA on the specs for which the modification had to be to obtain the Grant. We sent his sister Cashiers Checks to get the house built. In 7/23/2016. Her husband, other family and the patriot Guard Riders which is a group that helps Veterans built the modified home. We arrived in Georgia with all our household goods on 11/7/2015. We filled out the Grant paper work in February 2016. His sister gladly signed the document with VA stating she was giving ownership interest to ***** ***** temporary. She verbally stated we can stay as long as we wanted. We submitted that with the application along with her Mortgage Deed and Insurance statement on house. The only document left was her current mortgage statement but VA wanted to inspect the home first then ask for that document later to make sure it was current. The grant process with VA takes forever. I also had to submit all receipts along with a detailed spreadsheet of what each expenditure was for. The total value is 35k. The home was built modified for my Disabled husband. On May 15, 2016, my husband and his sister in front of other family members begin to argue. It turned ugly. His sister grabbed him in the face and prevented him from leaving the room by standing in front of his wheel chair demanding he listen. Her daughter slapped my husband in the face. Alarmed I broke it up. My husband left very upset. I proceeded to ask his sister what happened? She then told her daughter to go back where my husband was and confront him again for you mama. I couldn't believe what I was hearing. I told her, you can't hit a person in a wheel chair or anyone. Its assault. She then stood up in my face and said, really you going to side with him. She yelled, yall are gone. Get out, go back to Texas. Her husband comes out wondering what all the yelling is about and she informs him of only her side. Telling him my husband said he was lazy. He gets upset and says he will bull doze down the home that was built. I get upset and say, Assault can not happen here or threats. I walk away upset. A few days later on May 23, 2016 his sister texted to my husband, make other arrangements. Leave by end of the month. She stated the hitting never happened. Their mother who was there states to my husband that I better watch out things could get ugly for me if I keep on about abuse, cause I am on probation. I get upset and text, do your worst. I won't be called a liar or allow anyone to assault, bully or threaten my husband and I. I text her that we need the most recent copy of her mortgage Statement to complete the grant. She texts no, she just wants to pay us for the place and us to get out by end of the month. She states she wants all receipts prior to cutting a check. I tell her no. The house is being sold to you for 40k because of our expense to move her per your request now you are attempting to kick us out cause you abused my husband. I inform her she is in breach of a contract. She texts my husband saying he owns nothing here. She has a check to pay him for what he put into the home but we need to get out first. My husband says, no. You give me a check and after it clears the bank I will make arrangements to move. But it won't be by end of the month. You moved me here now your kicking me out? After we were served with the notice of Dispossessory, his mother and step father who seen him get abused that night say they won't be a witness. On May 13, 2013 her husband opens and bangs on the door kicking it open with his foot. He yells get your Ass out here. I am sick of your threats he says. My husband is in the bed and he alarmed. I go out on the porch and say, what are you talking about. He is drunk and in my face saying, you better pony up, you don't know who you are messing with. Its coming...
We went to obtain assault or protective orders for both incidents but were told the judge would here those all on the same day. She worked for the clerk office 10 years. Can I answer requesting dismissal due to lack of standing stating, its really an issue of Breach. Can I request dismissal that service to quit was not proper or written and it was less than 30 days notice and she applied for dispossessory? The court limit is 15K ..
Submitted: 5 months ago.
Category: Legal
Expert:  N Cal Attorney replied 5 months ago.

Thank you for your question.

You are correct that the service was defective:

c. Before eviction can occur, the landlord must first obtain a dispossessory warrant. A dispossessory warrant is a sworn statement signed by the landlord or his agent that sets forth the reason for the proposed eviction. The landlord is also required to give the tenant a copy of this warrant, and if this is not possible, must tack the warrant on the tenant's door.

from

http://www.consumer-sos.com/Georgia/Landlord_&_Tenant/evictions.htm

Also "Turmoil and Conflict" is not a valid reason for an eviction. Also, there cannot be an eviction because you were never tenants paying rent. To get you out they would have to file what is called an ejectment action, not an eviction case.

Your situation is somewhat complex and I urge you to consult a local attorney who can go over the facts and documents and advise you on how to proceed. You can get a free consultation from some of the attorneys listed by location here.

You have to file an answer to the dispossessory notice within 7 days of the service, even though service was invalid, the Court will give them a writ of possession if you do not file a response. You might file a response stating the facts of the illegal service and that you have never been tenants and there is no jurisdiction for an eviction case. Only local attorney can provide legal advice. There are several ways to respond to the notice, possibly including a motion to quash service based on lack of jurisdiction and invalid service.

Please follow up on this with a local attorney right away.

I hope this information is helpful.

Customer: replied 5 months ago.
My statement was lengthy and we did get a lawyer to answer today. He did a great job. Pretty much what you said, gave great defenses and counter claimed for relief, attorney fees, warrant for threats and assault etc. But I did not tell my attorney about me being on probation. As I explained in my post, his sister thru his mother told my husband, if I push the issue on the assault which she claims DID NOT happen on May 15, 2016, then I will basically regret it.
Heres the deal, Everyone in the family knows I am on probation. My husband is quadriplegic and around Mothers Day, everyone was at his mothers. They were shooting skeet. My husband was so excited, they set him up by fitting him with something so he can shoot. I had to transfer my probation from Texas to here and his sister signed a document stating she was going to be financially responsible and I would be living there. That was before me and my husband remarried. That day, all family members were taking turns shooting. I didn't at first. But his sister gets tried of me saying no, and puts the shot gun on my lap. Says, let me teach you how. I whisper to her, you know I can't. She says no one is going to tell. I shoot.
So her threat after her and her daughter hit my husband that night I told her it was wrong etc....she told her mother to inform me if I push further with that she will show a video to my probation officer of me shooting. I don't do a drug test monthly, I clean the office of my probation because I have 30 hours of community service. All my fees and fines are paid. I am a felon. I never went to jail but I got 5 years probation in 2007. My husband got upset and told her in a text, DON'T YOU DARE THREATEN HER WITH PROBATION WHEN YOU ENCOURAGED HER. Then I texted her that night upset, I said, go ahead do you worst. You assaulted my husband don't threaten me. We never called the police on May 15 like we should have because she threatened my probation. I got scared. My probation is aware of this drama and that eviction attempt but that's it. Do you think I will go to jail? My lawyer did state about the assault in the answer. I just know now after they get the answer they are coming after me. But the truth is the truth. I feel they attempted to blackmail me because I am a probation, just to shut me up. Do you think they will say something, in court? She did say we threatened her in a text to us later when we attempted to come to an agreement. Maybe this is her attempt at conflict? What to do
Expert:  N Cal Attorney replied 5 months ago.

I am not allowed to recommend a specific course of action. If there an older relative who might be able to mediate this situation?

I cannot predict what people will do.

Did you consent to being videotaped when she taped you?