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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110582
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Turned in reconsideration papers of restitution and

Customer Question

turned in reconsideration papers for writ of restitution and turn over property.we have until midnight tonight. cant find the real property owner and judge hasnt sent new findings yet.everything they did was a lie n i turned all of it in. what can we do to extend our time?when we turned in the paper work for reconsideration the clerk said to wait for the decision but it hasnt came through yet. thank you, ***** ***** phone(###) ###-####email is***@******.***. satsop,wa 98583
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: on disability and cannot afford one
JA: Is there anything else the Real Estate Lawyer should be aware of?
Customer: they have claimed to live here but lived elsewhere subletting a 400.00 property for 900.00 to 950.00 monthly. shut power off last october to make us move,said this in court, andwhen we found out where real landlord was and started making payments to pay agency, the same day they demanded my receipt and ordered us suddenly to be gone in two weeks. she had been fired and the chehalis housing authority gave them hair folical drug screening while they were applying for new house and they or someone failed.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Real Estate Law
Customer: replied 5 months ago.
had us redoing fence lines,put up gates,fix hot water tank,put in new water lines, take care of horses, redo supports in barn, build new stables for boarding horses,pump house control box and repair, all at our cost with no reimbursement whatsoever, had power shut off last october to make us move, all court recorded and documented, they threatened us and continuously keep showing up so we had temporary restraining order,went to court for permanent order and judge believed all she said,didnt say a word to her about shutting power off, but said that we better be out and for them not to worry we would be removed quickly,that had nothing to do with a restraining order hearing,that was in march, for the lorder to show cause we were supposed to respond by april11,2016, hearing was april 25 no papers were posted until april 15 and were mailed at p.o. the same day so we were automatically in default. we received nothing. the papers were dated for april 1,2016. she is trying to claim that she has new lease, but has told others she was bluffing. i have asked for someone to check, and have proved in black and white we werent notified so we could respond, showed copies of light bills, gave written signed testimonies from private parties pay agency had said owner would not evict us. they accepted four payments from us, then this lady told them they couldnt accept our money.that was in march.she has told them she still lives here but hasnt been here for almost three years
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that if you filed your reconsideration and are waiting for the judge's ruling, what is your question for us?
Customer: replied 5 months ago.
why are we evicted by an extenant and why didnt the judge look at the proof. in black and white that she was moved two years ago,was subletting the residential 6 acres the entire time which was stipulated in the lease agreement she had with property owner from 2010 no subletting whatsoever without the written consent of the property owner which that lease was only signed by her alone,nobody else,why was she able to sign all eviction forms as being property owner or landlord or agent and she is none,she took everyones money on a 400.00 parcel and sublet for 900.00 monthly for the last two years, has not resided there and there is a clause in the. agreement for abandonment,retalliated and told us to leave ,screaming at me for over twenty minutes when i found out where to make the property payments,a pay station,after it was just my husband and i left here and told to pay the full payment,i went to pay station with money order and they wrote me receipt also. they slid in to the driveway that night and demanded my receipt. literally, right then and there and said she had to have it for her records! why is that when she didnt make the payment? said she would bring me a copy of it the next day,which never happened, but she didnt know i had money order receipt also,and the pay station had no problem accepting my money for four months and i had explained the situation and they had told the property owner,because i wanted a lease agreement and they said that he had said he wouldnt evict us and not to worry,and then she kept trying to evict us and was signing everything as being la 'ndlord,property owner or agent and kept coming over and telling us to leave,along with a couple of threats, and we had to call police, i think four times in the last three months, and they told them you are not the agent,property owner or landlord so do not bother these people again. if they are to be made to leave it is up to the owner of the property,not you. well they filed more paperwork april 1and we were to respond by the 11th but did not put it in mail til the 15th and the same day they posted it so we lost by default,i have all receipts and envelope from p.o.proving the facts, so why did we lose and judge approved their filings? she told the pay agency the uhh werent to accept our money any more 3 months ago so their judgement was for 1200.00 plus court fees,etc. we were evicted yesterday by her and an officer and all our belongings are still there and right now i am across the street writing this next to the few things we are putting in storage she let us get . then suddenly decided after my 35year old son and 4 others showed to help,which is what she said she wanted she started calling me all kinds of names, told me to get off property and my dog had been there chained up all day watching , and she said again calling me a f---ing bitch,said to not forget my dog who was right next to me, or she would shoot him. i asked her ,nice n polite to please dont talk to me so rudely and that didnt all the free work we had done for her on the property mean anything,snd that made it worse. we haf just got done having my son move his belongings there,his wife,nobody to this day knows why, had hung herself,supposedly,even tho there was noway for her to get up there n nothing to stand on,with his four boys and now we have nowhere to go. i receive disability,and my husband is applying. my son has crohns disease. how and why is this woman being able to do all of this to my family and i?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
You are asking me to second guess what happened in your case when I was not there and I do not have the ability to check the court transcripts, so all I would be doing is giving an opinion based on what you said above.
It sounds to me like from what you are saying above, the person was on the lease and you were not on the lease and that when you went to court you did not present your evidence to the court in accordance with the rules of the court. This is the biggest reason people lose cases in court and they claim it was because the judge was against them or didn't look at the evidence and it is usually because the party did not present their evidence right or got nervous in court and did not explain their case right. This is why it is best in this type of case, especially at this point in your case, to get a local attorney to represent you so that they can straighten the evidence out and get it properly presented to try to reverse the decision and if you cannot afford one, then go to legal aid or call the state bar for the pro bono attorneys in your area for assistance.

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