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Recent Supersedeas Bond questions

Can a contractor put a lien on a house without any proof. Is

Can a contractor put a lien on a house without any proof. Is it instant or does the owner get a chance to fight the lien?

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J. Warren

Attorney

Doctoral Degree

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I have allowed someone to live in the home i lease with me

I have allowed someone to live in the home i lease with me since I moved to Wichita in June 2011. We have lived in the current home since February 2013. we were separated for a couple months in 2013. The relationship is very emotionally damaging and has been physical in the past. The house is leased to me, with the individual listed as residing there. How do I evct them? I reviewed some paperwork..but it only listed past due rent as a reason for the eviction. When I fill it out do I fill it in as I am the Landlord...or are their special forms for an eviction under these circumstances?

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Law Pro

Doctoral Degree

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How can a landlord remove a tenant from property while the

How can a landlord remove a tenant from property while the tenant's appeal of a Justice Court's order to vacate?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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You just explained ""Slander of title". I have a judgment

You just explained ""Slander of title". I have a judgment against me, but when an error was detected, the Judge ordered that I should be getting credit for some of the equipment held by this judgment winner. This credit was never given to me, but instead, an attempt was made to get me found in willful contempt for not posting supersedeas bond, or pay on judgment. The contempt was denied. However, to this date, the fifa lien in my house has not been reduced or removed. The right way for that credit of 130K requires reduction of my judgment of 135K down to 5K. But I continue to have to deal with this fifa lien of 135K that has not been even reduced to whatever they believe should be my credit. Isn't this a slander of title with explicit intentions of continuing to damage me?

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lwpat

Doctoral Degree

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To :bart0358 At this point Imgoing to provide them with

To :bart0358At this point I'mgoing to provide them with what I have, and if he decided to subpena, the record, That I do not have. My respond would be theat I do not have it, what would be his next move?

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BartEsq

Attorney

Doctoral Degree

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Tenant rented house and rent was current. Tenant died. Sister

Tenant rented house and rent was current. Tenant died. Sister named administrator by probate court, but rent had run out by then. Landlord refused to allow sister access to tenant's property, now is suing tenant's estate for several months back rent, and wants to sell tenant's property to pay this back rent. Landlord wants this back rent because deceased tenant's belongings were still in rental house. Is this possible. This is in Georgia.

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RealEstateAnswer

Juris Doctor

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29,062 satisfied customers
Pro se plaintiff has filed notice of appeal today, and she

Pro se plaintiff has filed notice of appeal today, and she is appealing the order for her to post the supersedeas bond. I'd like to know if a judge can correctly require a supersedeas bond in these circumstances, which I will describe as briefly as possible.My husband and I obtained default judgement for $2,800 against plaintiff [ district court MD ]. Plaintiff appealed to circuit court and lost appeal. The dispute was over a rental arrangement which went wrong - plaintiff was the landlord. She then filed suit in Federal court in Virginia, claiming we had done all sorts of ridiculous things to damage her and her property, and asking the court for $2,000,000 in damages and to overturn the default judgement. During the case she told the judge that if we collected on the judgement she would be unable to pay her mortgage and could be repossessed. He suggested an agreement whereby we forestalled collection for time being and she paid $100 per month into court to be held in escrow pending outcome of the case plus any appeal. She lost the case and she lost the appeal. An order was issued to pay out the $1,700 which was in escrow to my husband and myself. Plaintiff wished to appeal that order and judge imposed a supersedeas bond, also of $1,700. She paid the bond and has now filed notice of appeal re both orders [ the order to pay the money to us and the order that she should pay a bond ]. So, my question is, can a judge impose such a supersedeas bond in these circumstances?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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Question is about supersedeas bonds and Federal court. Id

Question is about supersedeas bonds and Federal court.I'd like to know what happens if a pro se plaintiff is asked to pay an amount into court as a supersedeas bond, before being allowed to appeal a judgement of that court. If the appeal is lost, what happens to that money? I ask because my husband and I [ we are the defendants in this Federal case ] already have a judgement against this same person from a court in another state. There remains an unpaid amount on that first judgement. Can this second court pay money to us out of the funds from the bond, to satisfy that first judgement, once the appeal has been decided in our favor?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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Hi,I am back again. We received the following:

Hi, I am back again. We received the following: 1."Summons -Eviction Action" to appear Monday,February 6th, 2. A "Complaint - Eviction Action, and 3. An instruction sheet which I will send later. I have some questions about all of them: COMPLAINT EVICTION ACTION MICHAEL xxxxxxx #xxxxxxxxx (XXX) XXX-XXXX CASE NO CC 2012 COMPLAINT - EVICTION ACTION Case Number XXXXX Summons PLAINTIFF DEFENDANT(S) JOHN AND JANE DOES l-X YOUR LANDLORD IS SUING TO HAVE YOU EVICTED PLEASE READ CAREFULLY 1. I am the attorney for the Plaintiff in this action, and this Court has jurisdiction over this action. 2. That Defendant wrongfully withholds possession of the premises from Plaintiff, Plaintiff is entitled to immediate possession of the following described premises: 3. The premises are located within the judicial precinct of this Court or there is authority for the filing of this action outside the precinct where the premises are located. 4. If applicable, Defendants were served a proper notice to vacate which is attached hereto and incorporated herein. 5. In the event the Defendants are husband and wife, Plaintiff alleges that all actions and debt was on behalf of and for the benefit of the marital community. 6. Defendants retain possession after termination of their tenancy or demand of possession. On 01/25/2012 defendant was served notice pursuant to AIRS 12-1173 and/or 12-1173.01 of a demand for possesion of the premises. Plaintiff is entitled to the fair market rental value of $1.200.00 per Month. Fair Market Rent is due and unpaid since 01/25/2012. On 01/25/2012 defendant was served Certified Mail notice to vacate. 7. As of 01/27/2012 the following amounts are due and owing: Rent of $1,200.00; Court costs of ($58.00 Filing Fee + $64.88 Process Server Fee) $122.88, Attorneys' fees of $125.00; For a total of $1,447.88. plus after accruing costs. Plaintiff asks for Judgment against Defendant for the periodic rent due as of the date of Judgment: late fees: attorneys' fees; damages; other charges and concessions, immediate possession of the premises, Plaintiff's costs of this suit; after accruing rent, costs and attorneys' fees; and for a Writ of Restitution to be issued in this matter. The undersigned attorney does hereby verify that the attorney believes the assertions in this complaint to be true on the basis of a reasonably diligent inquiry. DATED: 01/27/2012 ATTORNEY FOR PLAINTIFF 20090 MY QUESTIONS: 1. (SEE #7) "A TOTAL OF $1447.88, plus after accruing costs" What does "plus after accruing costs" mean? 2. (see #6) If we pay this rent does that mean we have until the 23rd of February to get out? (He bought the house on the 25th of January). It says "RENTAL VALUE of $1200.00 per MONTH." 3. We have to pay OK with me, but WHO do we PAY and do we get more time? _____________________________________________ SUMMONS- EVICTION ACTION WILLIAMS, ZIN MAN & PARHAM P.C. ATTORNEYS AT LAW NORTH VALLEY JUSTICE COURT xxxxxxxxxxxxx (XXX) XXX-XXXX SUMMONS - EVICTION ACTION CASE NO. CC 2012 PLAINTIFF CLS ANTHEM, LLC In care of ---------- DEFENDANT(S) JOHN AND JANE xxxxxxxx I-X SUMMONS STATE OF ARIZONA TO THE ABOVE NAMED DEFENDANT(S): TRIAL DATE You are summoned to appear and answer this action in the court named above: Monday, February 6, 2012 TIME: 01:00 PM Courtroom # IF YOU FAIL TO APPEAR, A DEFAULT JUDGMENT WILL LIKELY BE ENTERED AGAINST YOU, GRANTING THE RELIEF SPECIFICALLY REQUESTED IN THE COMPLAINT, INCLUDING REMOVING THE TENANT AND ALL OCCUPANTS FROM THE PROPERTY. The court expressly authorizes service by posting and certified mailing of the Summons, Complaint, and, if applicable, the Residential Eviction Procedures Information Sheet in this matter by utilizing the procedure set forth in A.R.S. §33-1377(B) or 33-1485(B). You must appear at the date and time shown above if you wish to contest the allegations in the attached complaint. For additional information in residential actions, please see the Residential Eviction Procedures Information Sheet. If you do not agree with the allegations in the complaint, you should file a written answer admitting or denying some or all the allegations and pay the required answer fee. In cases of hardship, you may apply for a deferal or waiver of the answer fee. A trial may be held on the date stated above or it may be continued for up to three days. DATED: 1-3-12 20090 JUSTICE OF THE PEACE ____________________________________________ My questions: 1. What is the "RELIEF" specifically requested in this complaint? Is it to both pay the rent (he didn't add the amounts right) AND get us out? 2. (see 2nd paragraph "If you do not agree"... We DO agree and we don't wish to contest, so can we just stay home? 3. Do we write the check to this agent guy would that give us a months rent until the 23rd?

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Phillips Esq.

Attorney

Juris Doctor

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