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I was wondering how do I go by sueinh someone that owes me…

Customer Question
Hi I was wondering how...
Hi I was wondering how do I go by sueinh someone that owes me
Submitted: 8 months ago.Category: Consumer Protection Law
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Customer reply replied 8 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 8 months ago
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Customer reply replied 8 months ago
My mother n law put me and my kids stuff out. Without giving me/us a 30 notice. My kids name was on lease. Not mines but I had a signed affidavit saying I live there. I want all my no eh back from pain and suffering and me and my kids belongings
Answered in 27 minutes by:
11/18/2017
Consumer Protection Lawyer: Bill Attorney, Lawyer replied 8 months ago
Bill Attorney
Category: Consumer Protection Law
Satisfied Customers: 2,622
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your landlord tenant law question today.

I'm attorney Bill offering assistance and support in relation to your illegal eviction.

A landlord is required to abide by the statutory notices and lease terms of your lease.

In case of a self-help and/or illegal eviction without the landlord serving the proper notice and going through the court to obtain possession , you can sue the landlord in the district court.

You can sue for costs of the eviction, temporary accommodation , emotional distress and damages from the illegal eviction.

This is set out in Maryland statute:

"

(1) Except as provided in paragraph (2) of this subsection, a landlord may not take possession or threaten to take possession of a dwelling unit from a tenant or tenant holding over by locking the tenant out or any other action, including willful diminution of services to the tenant.

(2) A landlord may take possession of a dwelling unit from a tenant or tenant holding over only:

(i) In accordance with a warrant of restitution issued by a court and executed by a sheriff or constable; or

(ii) If the tenant has abandoned or surrendered possession of the dwelling unit.

(c) (1) If in any proceeding the court finds in favor of the tenant because the landlord violated subsection (b) of this section, the tenant may recover:

(i) Actual damages; and

(ii) Reasonable attorney’s fees and costs.

(2) The remedies set forth in this subsection are not exclusive.

(d) This section may not be construed to prevent a landlord from taking temporary measures, including changing the locks, to secure an unsecured residential property, if the landlord makes good faith attempts to provide reasonable notice to the tenant that the tenant may promptly be restored to possession of the property."

Employing an attorney would be the best way to approach an illegal eviction lawsuit and tenant rights groups and advocates in Maryland are usefully helpful in directing you towards legal resources in this type of case.

We are here to help.

Please follow up with me if you require further assistance.

In return I appreciate when you leave a positive rating.

I'm an independent legal expert and rely on a positive rating to get a credit for my answer.

SO I hope you rate FIVE STARS before exiting today.

Thank You

Attorney Bill

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Customer reply replied 8 months ago
Is it the same in woodbridge VA?
Consumer Protection Lawyer: Bill Attorney, Lawyer replied 8 months ago

Yes, In Virginia a court may award damages, court costs and attorney's fees for an illegal eviction.

You apply to the district court and the court can order the landlord to put you back into possession of the property.

Here is the relevant statute:

"

55-248.26. Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of service.

If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of gas, water, or other essential service to the tenant, the tenant may obtain an order from a general district court to recover possession, require the landlord to resume any such interrupted utility service, or terminate the rental agreement and, in any case, recover the actual damages sustained by him and a reasonable attorney fee. If the rental agreement is terminated the landlord shall return all of the security deposit in accordance with § 55-248.15:1."

We are here to help.

Please follow up with me if you require further assistance.

In return I appreciate when you leave a positive rating.

I'm an independent legal expert and rely on a positive rating to get a credit for my answer.

SO I hope you rate FIVE STARS before exiting today.

Thank You

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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