I need help preparing a motion to set aside or vacate in an eviction that I actually agreed to and I need to bypass my attorney in doing it. I'm being evicted from my trust owned home because I filed a lawsuit against the trustees for committing a number of torts
against me. My lawsuit was filed a couple months ago but we did not yet serve the defendants. I couldn't figure out why at first but now it seems pretty obvious, my attorney waited to the very last second and I had to threaten him in order to get that done. we receive the eviction notice and it showed a hearing date that was a month away, two days later I checked the court website and saw that right after I had been served they went straight back to the courthouse and cancelled that hearing then they scheduled an alias hearing for the eviction that was only three days away, so that meant that the eviction was the very next day, so I contacted their attorney and told him that I had not been properly served and he swore up-and-down left and right that the alias had been served and that the original had never even been issued, he offered a sworn affidavit from the process server saying that he had delivered the alias when he had not, when I pointed out The fact that I have been served before the alias petition have even been produced he shut his mouth really real quick. Bottom line is that they were trying to trick me and the missing hearing him but it gets better. so my attorney started working on this "global settlement" that's going to include dismissing my claims, the eviction, and a number of other issues, and he was still refusing to serve the petition, so I kept pushing him to do it and finally he tells me that they had agreed to except service and then I didn't need to worry about it any longer. So fast forward to six days before the deadline to serve and the day before the eviction... My attorney has been telling me all along that we were going to fight the eviction and that negotiations were going great but then at the very last second he tells me that the defendants had not agreed to except service in that there was no time left to serve them, he told me that if I didn't except their agreement that I would have to give up my case because I wouldn't have been able to serve the defendants, then he tells me that part of that agreement is that I will not Contest the eviction. Actually, that was pretty much the entire agreement, there was a 30 day extension on serving the defendants but I had been telling him to do that for the past two months. I got pretty upset with my attorney and he flat out stopped talking to me, he said that he was not going to represent me anymore and that I needed to find somebody else. A Couple days later I had to track him down and tell him that he was going to be held responsible for any missed dates and I had to fight hard to get him to serve the petition, which he finally did but I haven't heard from him since. And then just yesterday I get a notice of his motion to withdraw from my case, and that hearing was scheduled for 3 o'clock yesterday, which was the same time that I had been served with a notice. So I called the courthouse up this morning and they have absolutely no record of him filing a motion to withdraw. So here I am one week before I have to be out of the house and I have nowhere to go, my attorney isn't raising a finger and is not even answering the phone and I'm expecting an answer to my lawsuit any day. I can prove that I was tricked, I have emails from him asking me to approve the agreement one day and then a week later he is still telling me he's going to fight the eviction. he still can't explain why he was telling me that I'd be able to stay in my home when he had already agreed that I would move out. I can show that my attorney was misleading me the entire time. I can also show that the eviction was done out of retaliation for filing a lawsuit, I actually have an email from the trustees that says "just don't sue And you won't be evicted". On top of that I can prove that the trust document itself doesn't allow for them to do it, I know that Kansas law does because they hold fee simple title
but they removed the portion of the trust that said that it was supposed to provide for a house and inserted "soul and absolute discretion" which they did not have the legal right to do. How do I overturn this? I know that I have an attorney on record but I also know that a judge can sometimes speak directly with the client if it's an emergency and I'm about to lose my home with nowhere to go. Do I file a motion to vacate, set aside and if so is there a template for it? Is that motion based on fraud and deception, attorney misconduct
, or what? Can I just write a letter or if I must file a motion then what what laws can I refer to?