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Old 02-03-2013, 10:54 AM
 
654 posts, read 1,030,486 times
Reputation: 483

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Let me get this straight:

11-10-12 - you paid last week's rent and told the clerk you would be leaving on 11-17-12.

11-17-12 - did you leave (move out) ?

Because your post goes on to say 17 days later they evicted you. (17 days from 11-10-12)? That would make it 11-27-12 right? That would mean you are still there past the 11-17-12 deadline.

How did you know you were evicted if you moved out on 11-17-12?

Important timeline we need to know.



Quote:
Originally Posted by jeffman_53 View Post
I've lived in Las Vegas for 32 years and 8 years at my current apartment with 0 problems or late rent. I had a water problem and rented a room at the Sportsman Royal Manor on Boulder Highway and stayed about 1 month while my apartment dried out. I paid my last weeks rent on 11/10/12 and told the clerk I would be leaving on 11/17/2012. This is noted on my receipt and says 10/13/2012 arrival and 11/17/2012 departure.

17 days later they evicted me and claim someone paid some rent for that room in my name but they don't know who. I ask why didn't security knock on that door or the front desk try to get a hold of me, I gave them my home address and cell number during check in. The manager claims I owe them $670.00 and I checked the court and I have an eviction on my record but the court clerk can't read the scribbled signature. The manager says he served the eviction and someone inside the room answered and signed the notice but he can,t remember anything more about it. He can't tell me where the notices he posted are but it was written and served to whom ever was in the room. I have mailed him my rent receipts for my apartment for oct, nov and dec. Is there anything I can do before this goes to collections and ruins my credit. Thanks in advance
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Old 02-03-2013, 11:11 AM
 
23 posts, read 33,037 times
Reputation: 25
I was thinking the same thing sitting across from him but I wanted to be respectful because he was volunteering his time. He talked about his new baby more than my problem. Well I'm filing out a TENANT’S ANSWER IN OPPOSITION TO SUMMARY EVICTION, a MOTION TO SET ASIDE ORDER FOR SUMMARY EVICTION, (sorry about the copy and paste caps) along with their rent receipt saying arrival:10/13/2012, departure: 11/17/2012. a copy of the 5 day eviction that looks to me like the witness signed as a witness and the tenants signature. My apartment rent receipts for oct, 2012, nov, 2012, and dec, 2012 and a copy of the BBB report saying I was never served. The BBB was just a punt to stop collections and them ruining my credit. I was going to take all these papers to the court clerk or mail all that to the judge and beg someone to just look at it and give me some kind of plan because I have no idea what to do. All the legal help for people being eviction seems to be for people with in the 5 day period. I've got every paper from the wall in that office and I'll go through them again and try calling the help centers again. Thanks aging for at least replying.

Last edited by jeffman_53; 02-03-2013 at 11:34 AM..
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Old 02-03-2013, 11:20 AM
 
23 posts, read 33,037 times
Reputation: 25
Quote:
Originally Posted by forestgump99 View Post
Let me get this straight:

11-10-12 - you paid last week's rent and told the clerk you would be leaving on 11-17-12.

11-17-12 - did you leave (move out) ?

Because your post goes on to say 17 days later they evicted you. (17 days from 11-10-12)? That would make it 11-27-12 right? That would mean you are still there past the 11-17-12 deadline.

How did you know you were evicted if you moved out on 11-17-12?

Important timeline we need to know.
Hi thanks. Yes to 11/10 and I left 11/16 to be honest and the receipt the clerk gave me says arrival:10/13/2012, departure: 11/17/2012

No sorry, I was not clear. They filed for eviction 12/4/2012

How I found out was a girl I met two doors down. We exchanged numbers and in dec I called her and she asked me why did I get thrown out and I told her it wasn't me, I was gone already. In the middle of that night I sat up in bed and thought I better check it out and I called them.

Thank you, thank you, finally someone's asking questions that could help
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Old 02-03-2013, 12:06 PM
 
12,973 posts, read 12,137,944 times
Reputation: 5398
Take a look at section 60 of the justice court procedures. That would indicate that you have 6 months to have the decision thrown out. I would go down to the court in question and browse through their files until I found the motion made in some other case to void the judgement. It will be there somewhere.

Justice Court Rules of Civil Procedure
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Old 02-03-2013, 12:09 PM
 
23 posts, read 33,037 times
Reputation: 25
Quote:
Originally Posted by lvoc View Post
Take a look at section 60 of the justice court procedures. That would indicate that you have 6 months to have the decision thrown out. I would go down to the court in question and browse through their files until I found the motion made in some other case to void the judgement. It will be there somewhere.

Justice Court Rules of Civil Procedure
Thank you Ivoc, I will be there in the morning. And thanks for the link, even I see some good arguments. (I hope). You just gave me hope, so much hope I've already printed out rule 60 for my package and there's more to read. Thanks again.

Last edited by jeffman_53; 02-03-2013 at 12:23 PM..
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Old 03-12-2013, 07:24 PM
 
23 posts, read 33,037 times
Reputation: 25
Hello, Well I've been able to pick up little bits and pieces and Ivoc your link to Justice Court Rules of Civil Procedure and rule 60 is right on the money. That's the answer, I just don't know the words to put on paper. I have about 2 months left to file.

What I have done is form# 23 - Motion to Vacate Summary Eviction Order, form# 25 - Order Vacating Summary Eviction and I have form# 24 - Tenant's Affidavit/Declaration in Support of Motion to Vacate Summary Eviction Order all filled out except for the legal reasons for my motion. I'm worried I will get thrown out for poor wording. I'm wondering if any of you know where I can look at other cases to answer questions like...

I did not file an affidavit contesting the eviction because:
and
I did not appear at the eviction hearing because:

I'm worried if I answer in my words I'll get bounced out of court for boring the judge. I think I can answer this one... I believe in good faith that I have a meritorious defense to the eviction, namely:

My rent receipt stating arrival 10/13/2012 and departure 11/17/2012. My apartment rent receipts for Oct, 2012, Nov 2012, Dec 2012. The five day notice to pay or quit with a scribbled signature under tenants signature that looks like the declaration of service witness's signature. My original letter to them saying they must have made a mistake. And my BBB complaint that they never responded to.

I am meeting with the free lawyer again tomorrow. Then the tenants rights center and then the neighborhood justice center for mediation but I'm sure it's to late for that. I have never been served or notified of this eviction to this date.

So that's all I have and I can hear some of you laughing already. I always thought I was pretty smart with some legal matters but being evicted 17 days after I left has me stumped. Any thoughts would sure help, even if only to point and laugh. Thanks to those who replied.
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Old 03-12-2013, 07:52 PM
 
12,973 posts, read 12,137,944 times
Reputation: 5398
Quote:
Originally Posted by jeffman_53 View Post
Hello, Well I've been able to pick up little bits and pieces and Ivoc your link to Justice Court Rules of Civil Procedure and rule 60 is right on the money. That's the answer, I just don't know the words to put on paper. I have about 2 months left to file.

What I have done is form# 23 - Motion to Vacate Summary Eviction Order, form# 25 - Order Vacating Summary Eviction and I have form# 24 - Tenant's Affidavit/Declaration in Support of Motion to Vacate Summary Eviction Order all filled out except for the legal reasons for my motion. I'm worried I will get thrown out for poor wording. I'm wondering if any of you know where I can look at other cases to answer questions like...

I did not file an affidavit contesting the eviction because:
and
I did not appear at the eviction hearing because:

I'm worried if I answer in my words I'll get bounced out of court for boring the judge. I think I can answer this one... I believe in good faith that I have a meritorious defense to the eviction, namely:

My rent receipt stating arrival 10/13/2012 and departure 11/17/2012. My apartment rent receipts for Oct, 2012, Nov 2012, Dec 2012. The five day notice to pay or quit with a scribbled signature under tenants signature that looks like the declaration of service witness's signature. My original letter to them saying they must have made a mistake. And my BBB complaint that they never responded to.

I am meeting with the free lawyer again tomorrow. Then the tenants rights center and then the neighborhood justice center for mediation but I'm sure it's to late for that. I have never been served or notified of this eviction to this date.

So that's all I have and I can hear some of you laughing already. I always thought I was pretty smart with some legal matters but being evicted 17 days after I left has me stumped. Any thoughts would sure help, even if only to point and laugh. Thanks to those who replied.
I am licensed as a Real Estate Agent. I simply can't risk giving legal advice. They very well might come after me.

However some general principles. Justice Courts are generaqlly courts of equity not of law. That says they try and do the right thing...not the legal thing.

Make sure you get all the facts stated. If you were not served - Say I was not served. If you did not live there in the time period make sure you say that. Get all the facts down clearly and relatively far up front. Add a new pasragraph up front if you need it. Tell your story first. Then satisfy the requirements of the law or court.

The Judge knows how to fix your problem if he/she wants to. Give them aq chance and they very likely will do it.

Bore the Judge - He/She is used to it. And they may choose to help.

Don't knock the mediation Center. Mostly the other side won't show up. But if they do sic em. The mediator has been here before.
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Old 03-12-2013, 09:55 PM
 
23 posts, read 33,037 times
Reputation: 25
Thanks for all your help Ivoc. I'll be there with a suit and a hand full of papers. There's so much help for evictions but they expect you to be living there. I even find myself having a hard time explaining this. There's lots of senior agency's that are very understanding and would love to help but I'm 59 and a half and you have to be 60. I would even offer a cash settlement to them if they would remove it from my record but they're just ignoring me thinking I'll go away and the manager won't have to admit his mistake. No ones ever accused me of going away and even if this sticks and it's on my record for 10 years, the reviews I write on local and visitor sites will be read long after I'm gone. I may write them anyway and if someday someone walks in that office and asks that lawyer and manager how they could let a nut job like me file all those complaints and write all those reviews over $600 I'll be happy. Thanks again.
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Old 03-12-2013, 10:19 PM
 
Location: Las Vegas nv
868 posts, read 1,129,705 times
Reputation: 231
Sorry about your tailspin. I have had to file papers in our county
Court. Then they tell you you did something Wrong. Go back
And repeat. Hope you get the I dotted t crossed soon!
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Old 03-12-2013, 10:41 PM
 
23 posts, read 33,037 times
Reputation: 25
Thank localinsight, I make sure I think of your post as I'm finishing up my paperwork, Your post reminds me of that old saying, measure twice and cut once. I appreciate you taking the time to reply.
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