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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116756
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I didnt make it to the unlawful detainer court and my reason

Customer Question

I didnt make it to the unlawful detainer court and my reason wasnt good enough to have the hearing again. Default judgement in favor of landlord. Today is the last day im able to retrieve our belongings but since the day of the final judgement, the landlord (who is the records supervisor for the police dept) has threatened to have me arrested if i show up at the property. I dont have anyone else to do it except my mom who she told needed a notarized letter from me giving her permission. The landlord allowed only 1 day for that to happen. Now she has told a friend of mine that shes selling and dumping all of our stuff. Her threats of arrest have kept me from even attempting to go near the house. A civil standby is impossible due to her defaming me as a drug abuser that the police arrested me for paraphernalia found in the home when i called 911 (the whole reason i called was because of the paraphernalia i seen and hearing someone in the back room jumping out the window...i had returned home 2 days prior to find we had been robbed & no report was taken because the officer asked if "may be i just let someone borrow" our items). Please tell me there are laws against what shes done. If so, what can i do? I jad a lawyer but he called me a "whore" on paper, twice.
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 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.
Unfortunately, the courts have issued you an order you must comply with the order. So if this is the last day to get your property pursuant to the court order and you can show that you made an attempt to do so and the landlord refused, your next step is filing a motion for order to show cause for contempt and present evidence to the court that the landlord did not comply with the court order and make a reasonable time for you to go retrieve your property before the deadline set by the court and ask the court to extend that time and order to allow you to access the premises to recover your property.
You can give your mom a notarized power of attorney to recover your property, that is not hard to get and the local legal aid or the self help desk at the court can assist you with one of those. However, if he is refusing to allow you to get your things, your recourse at this late date is filing a motion for order to show cause with an ex parte motion for emergency temporary injunction ordering him to not dispose of your property until the order to show cause hearing would be what you would file.