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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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To follow upon our conversation,,,have gone to police dept.

Customer Question

to follow upon our conversation,,,have gone to police dept. they said they do not do civil stand bys. they said once again that i need to take them to small claims court,,when i complained about my house getting broken into,they said take them to court
but do not try and get your property or we will arrest you. I will not accept this,, by the time we go to court they will have torn down my mobile home and taken everything i own to sell,,throw away,,or keep for them selves.,,my wife does not know yet,but
our late sons ashes are still in the house,,i could not get them,,theres so much we will lose.. is there a stay once i file for court? i want to stop all activity untill i have them in court is that possible ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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You should be able to view my answer just below this response as we continue….

I see that your question is for another expert, but he/she may not be available at this time. If you want me to assist you I will need the background information I am guessing this may be related to an eviction action?

Note if you want it to go to the previous expert let me know and I will opt out and it will go back out to the group. You may want to place their name at the front of your question so it gets routed to them if that is your choice. Let me know either way.

Regards

Ron

Expert:  RONB-ESQ replied 1 year ago.

I am going to opt out as it appears you were trying to reach the other expert. As I noted you may want to edit your question and put their name in front so it gets routed to them. Please do not reply here until another expert takes the question as it will delay the process.

Regards,

Ron

Customer: replied 1 year ago.
Okay please excuse the delay,as you can imagine my life is far from normal. I am a very reserved person and my quiet secluded life is gone. So down to whats important,,my question,when I go to the court clerks office and start things going to appear in small claims court, does that stop all activity concerning that case ? Would it be considered "in litagation " so to speak. My concern is by the time I go to court they would have allready taken everything out of house and torn it down.,,. I feel a little better knowing that I have someone to offer a little guidance in a situation thats way beyond anything I am able to deal wlth. Thanks again
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm sorry to hear that police aren't willing to serve and protect in this situation.

Just filing a lawsuit is not going to stop any action. However, you can for an Emergency Ex Parte Motion for Temporary Injunction, asking the judge to ORDER the landlord not to dispose of your belongings until the case can be heard. Those motions are heard immediately, so you'll go before the judge and explain what is happening. To get an injunction, you need to be able to establish that you will be irreparably harmed if the landlord disposes of all of your belongings - meaning that a cash judgment will not make you whole. Cash cannot replace a loved one's ashes, so that's a very good starting point. If you have anything in the house that is irreplaceable, you can talk about those things, too. You have to show that the harm to you if your landlord is able to continue is greater than the harm to him if he's allowed to throw your belongings away. You should be able to establish that.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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