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dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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If you are subject to an eviction is that a criminal proceeding?

Resolved Question:

If you are subject to an eviction is that a criminal proceeding? How is it done
Submitted: 5 years ago.
Category: Criminal Law
Expert:  dkennedy replied 5 years ago.


An eviction is not a criminal proceeding at all. Depending on where you live, and what the reason is for the eviction, it almost always means you get served some papers, have a short court hearing the judge or magistrate decides if you should be told to leave your house or apartment. If the judge rules that you have to leave, you have a short amount of time to get your things out of the place, or possibly your belongings could be put out.

Customer: replied 5 years ago.

Does law enforcement serve the papers, can you leave things in the house if you

don't want them? If there is too much junk is THAT a crime?

Expert:  dkennedy replied 5 years ago.

A sheriff can serve the papers or a private process server. In some jurisdictions the landlord himself can serve the papers, but usually does not.

Leaving too much stuff in the house is not a crime, but the landlord could file a small claims against you for money if it cost for him to move the stuff out of the apartment and clean it up after you leave. it is not illegal.

Customer: replied 5 years ago.
IF it's the sheriff, will they escort you away or arrest you in an eviction?
Expert:  dkennedy replied 5 years ago.
No, not at all. One of the duties of the sheriff is to serve papers on people. They just hand you the papers and walk away--that's it. No arrest, it's not a criminal matter.
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Customer: replied 5 years ago.

Can you tell what happens if the person is not at home while the sheriff is there do they

keep trying to give them or do they leave them there and can the person find out

ahead of time in a court proceeding? Does the person have time to go or do they have

to go right away?

Expert:  dkennedy replied 5 years ago.
If the person is not home, the person tries to serve them a couple of times. In some jurisdictions, they can post a notice on the door after a few tries, and then send a certified letter. You would have plenty of time to go to court--5 days or more notice.
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