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David L
David L, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3255
Experience:  Attorney licensed in multiple jurisdictions since 1997.
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what do I do when a judge violates my civil rights? I am a

Customer Question

what do I do when a judge violates my civil rights?
I am a veteran and, I am being evicted in less than 48 hours in a snow storm with my wife and daughter who are both mentally disabled. I am not behind in rent. I had all the receipts to prove that in court. But, the judge would not listen. What do I do?
Submitted: 5 years ago.
Category: Landlord-Tenant
Expert:  David L replied 5 years ago.
Hello. This is actually not a civil rights violation. If you feel you didn't get a proper decision in the trial court and that the judge didn't follow the law, you can appeal the decision to a higher court. You might also consider hiring an attorney to review your case and give you a legal opinion regarding the merits of the defenses you raised. I'm not sure why you have had such a hard time if your rent is fully paid and there are no other legal issues, as payment of rent is usually a full defense to an eviction action. I assume there are other issues and factors in your case that the judge has analyzed in coming to his decision. You do still have time to hire an attorney to appear on your behalf and ask for reconsideration of the decision to evict.
Customer: replied 5 years ago.
If I make an appeal will they be able to evict me tommorrow?
Expert:  David L replied 5 years ago.
You would have to ask for a stay of the possession order pending the appeal. You may be required to post an appeal bond, which is the amount of all back rent in dispute. You must also be able to show that your appeal is not frivolous.154 I suggest you hire an attorney to determine the merits of your potential appeal.
Customer: replied 5 years ago.
Since time is of the essence how and I have only today to file these motions, what will happen to me and my family in the meantime?
Expert:  David L replied 5 years ago.
You would have to file those papers ASAP. If you miss the deadline, you will lose the right and the eviction will take place. There are no other safeguards available.