OT: court question

Do you have a question? Post it now! No Registration Necessary

Translate This Thread From English to

Threaded View

I know many people here have legal experiences.

I have a case hearing in LV District Court (Appeal Court) in December.  I e
xpect to appeal at least partially to the Nevada Supreme Court as well as s
tarting Federal Court action.  If i am suing the Nevada Court and State of  
Nevada, can I start in Federal Court in parallel or do I need to wait for N
SC decision and appeal to the USC?

Re: OT: court question
On 10/13/2014 11:47 AM, snipped-for-privacy@gmail.com wrote:
Quoted text here. Click to load it

This is definitely the sort of stuff you need to consult a lawyer about.  
  Not just any lawyer either.  Find someone with lots of experience in  
what your suit is about.

--  

Rick

Re: OT: court question
On Monday, October 13, 2014 9:09:55 AM UTC-7, rickman wrote:
Quoted text here. Click to load it
 I expect to appeal at least partially to the Nevada Supreme Court as well  
as starting Federal Court action.  If i am suing the Nevada Court and State
 of Nevada, can I start in Federal Court in parallel or do I need to wait f
or NSC decision and appeal to the USC?
Quoted text here. Click to load it
Not just any lawyer either.  Find someone with lots of experience in what y
our suit is about.

Lawyers won't touch it.  They are afraid of court sanctions.  I am not.  I  
expect the NSC to reject it; so, it's up to the USC.  They will have to rea
d my pleading at least.  Anyway, it's quite affordable so far:  $100 for Ju
stice Court, $100 for District Court, $300 for Nevada Supreme Court, don't  
know filing fee for US Supreme Court.

Re: OT: court question
On Mon, 13 Oct 2014 09:17:56 -0700, edward.ming.lee wrote:

Quoted text here. Click to load it

Get a courageous lawyer then.

I suspect that the reason lawyers won't touch it is because they think it,  
or you, are nuttier than a fruitcake.

A court may sanction a lawyer for bringing some particular case to court,  
but if the case is serious and the lawyer pursues it -- either in the next  
higher court, or in the press -- it's only going to end up reflecting  
badly on the court doing the sanctioning.

--  

Tim Wescott
Wescott Design Services
We've slightly trimmed the long signature. Click to see the full one.
Re: OT: court question
Quoted text here. Click to load it
, or you, are nuttier than a fruitcake.  

I agree. But the court still have to take the case.  I filed motion and app
eal the case at the same time.  I can only image the judge's reaction, but  
i was not there.  Basically, i don't care what he thinks.  However, he had  
to send the appeal to the District Court.

Quoted text here. Click to load it
 but if the case is serious and the lawyer pursues it -- either in the next
 higher court, or in the press -- it's only going to end up reflecting badl
y on the court doing the sanctioning.

Let's see what the District Court does.  I am ready to file another appeal  
if he denies any part of my motion.  Most likely, he will partially.  He wi
ll have no choice but to send it to the NSC.  Same for the NSC. It will hit
 the press at the NSC or the USSC.

The courts can't sanction me for asserting my rights.  If they order me in  
contempt, i will appeal from the county jail.



Re: OT: court question
On 10/13/2014 5:38 PM, snipped-for-privacy@gmail.com wrote:
Quoted text here. Click to load it

If you are expecting to be held in contempt of court just from filing  
papers, I have to assume you aren't wrapped to tightly.

Care to share what this is all about?

--  

Rick

Re: OT: court question
On 10/13/2014 6:41 PM, rickman wrote:

<snip>

Quoted text here. Click to load it

This guy desperately needs a lawyer, but no lawyer will touch the case  
at a price he's willing to pay. There are lawyers that specialize in  
evictions. The advice they will give you is to write-off any rent you  
are owed since you will never collect it even if a court awards it to  
you. Concentrate on getting the squatter out of the property with  
minimal damage to the property.

Re: OT: court question
On Friday, October 17, 2014 1:56:03 AM UTC-7, sms wrote:
Quoted text here. Click to load it
apers, I have to assume you aren't wrapped to tightly.
Quoted text here. Click to load it
 a price he's willing to pay. There are lawyers that specialize in eviction
s. The advice they will give you is to write-off any rent you are owed sinc
e you will never collect it even if a court awards it to you. Concentrate o
n getting the squatter out of the property with minimal damage to the prope
rty.

Yes, the fact that it gets to this point means the system is biased and bro
ken.  Deadbeat can games the system with minimum efforts and costs.



Re: OT: court question
On 10/17/2014 1:28 PM, snipped-for-privacy@gmail.com wrote:
Quoted text here. Click to load it

There are renters that move from rental to rental repeating the same  
thing over and over again.

But you're not going to fix the system. When you initially rented to  
this person did you run a credit report? Did you verify employment? Did  
you verify income?


Re: OT: court question
On Friday, October 17, 2014 3:47:31 PM UTC-7, sms wrote:
Quoted text here. Click to load it
 papers, I have to assume you aren't wrapped to tightly.
Quoted text here. Click to load it
 at a price he's willing to pay. There are lawyers that specialize in evict
ions. The advice they will give you is to write-off any rent you are owed s
ince you will never collect it even if a court awards it to you. Concentrat
e on getting the squatter out of the property with minimal damage to the pr
operty.
Quoted text here. Click to load it
 broken.  Deadbeat can games the system with minimum efforts and costs.
Quoted text here. Click to load it
g over and over again.
Quoted text here. Click to load it
 person did you run a credit report? Did you verify employment? Did you ver
ify income?

No, he is a friend of the neighbor.  Perhaps i should sue the neighbor.  We
 were on friendly term prior to this, but i have not spoken to them ever si
nce.

Re: OT: court question
Quoted text here. Click to load it
ng papers, I have to assume you aren't wrapped to tightly.
Quoted text here. Click to load it
se at a price he's willing to pay. There are lawyers that specialize in evi
ctions. The advice they will give you is to write-off any rent you are owed
 since you will never collect it even if a court awards it to you. Concentr
ate on getting the squatter out of the property with minimal damage to the  
property.
Quoted text here. Click to load it
nd broken.  Deadbeat can games the system with minimum efforts and costs.
Quoted text here. Click to load it
ing over and over again.
Quoted text here. Click to load it

But at least expose the system a little bit.  This was 3 years:

http://askthelandlord.com/forums/general-landlording-discussion/2nd-longest
-eviction-in-ct-history-finally-over/

I guess my best bet is quickly get to the NSC.  NSC is 300 miles to the Nor
th and he will not go there.  I can do another blind appeal (before the hea
ring) and take it to the NSC in a year.  It took six months for the Distric
t Court of Appeal.


Re: OT: court question
On 10/17/2014 4:56 PM, snipped-for-privacy@gmail.com wrote:

<snip>

Quoted text here. Click to load it

There is zero chance that the Nevada Supreme Court will hear an eviction  
case.


Re: OT: court question
On Friday, October 17, 2014 5:45:36 PM UTC-7, sms wrote:
Quoted text here. Click to load it

(2006)
In Farnow v Department 1 of Eighth Judicial District, 64 Nev. 109, 126, 178 P.2d 371, 379 the Nevada Supreme Court stated:

             We do not believe to be constitutional any procedure so speedy,
         summary and drastic as to enable a landlord to dispossess a tenant  
         without first showing, by competent, relevant and material evidence,  
         at a hearing, judicially, fairly and impartially conducted, the  
         existence of sufficient facts to establish, at least prima facie,  
         the clear right to the immediate possession of the property involved.

So, they obviously took on an eviction case.  My case is in Dept 30 of the same court.  My question to the NSC is "how speedy do you mean".

Re: OT: court question
On Friday, October 17, 2014 9:08:02 PM UTC-4, snipped-for-privacy@gmail.com wrote:

Quoted text here. Click to load it

All this jargon is saying is that the Renter is entitled to his day in Court.  You (or the Court) can not retake possession without a hearing.

That's all.

The NSC is just saying there is no quick shortcut to bypass a proper hearing.
The tenant has the right to defend his occupancy (i.e, his lease).
Even if he doesn't have a lease, he can assert one (i.e., oral agreement).

But if the bum hasn't paid, no Judge will award him possession.
And an oral agreement (if that's what you have) is more a problem for the Renter than for you.

I wouldn't get too worked up about it.

Re: OT: court question
On 10/17/2014 10:27 PM, mpm wrote:
Quoted text here. Click to load it

Is saying it doesn't even have to be "beyond a reasonable doubt"  
(criminal court) or "a preponderance of the evidence" (civil court).  
You just have to show evidence enough to prove your case without  
substantial counter evidence.

But clearly the guy in the two year struggle was very familiar with the  
process and knew exactly all the buttons to push to slow it down.  I was  
surprised that some of the delays later in the process were multiple  
months.  I guess the appellate courts take their time getting to the  
matter.

--  

Rick

Re: OT: court question
On Friday, October 17, 2014 8:06:36 PM UTC-7, rickman wrote:
Quoted text here. Click to load it
l court) or "a preponderance of the evidence" (civil court). You just have  
to show evidence enough to prove your case without substantial counter evid
ence.
Quoted text here. Click to load it
process and knew exactly all the buttons to push to slow it down.  I was su
rprised that some of the delays later in the process were multiple months.  
 I guess the appellate courts take their time getting to the matter.

That's why i force it immediately to the District Court.  Yes, the initial  
wait is 6 month.  But either party's appeal would be to the Supreme Court.  
 The District Court would not take it lightly, unlike the lower (In)Justice
 Court.

I don't think my defendant is as sophisticated. But it still take times wit
h minimum defense effort.

Re: OT: court question
On Friday, October 17, 2014 7:27:10 PM UTC-7, mpm wrote:
Quoted text here. Click to load it

In this case, defendant did not pay rent for three years.

http://askthelandlord.com/forums/general-landlording-discussion/2nd-longest-eviction-in-ct-history-finally-over/

Quoted text here. Click to load it

Sure, it does not happen to you.

Re: OT: court question
On 10/17/2014 7:56 PM, snipped-for-privacy@gmail.com wrote:
Quoted text here. Click to load it

You might show this to the tenant and point out this part...

08/01/2012
  Execution issued.

Sounds rather severe.

--  

Rick

Re: OT: court question
On Friday, October 17, 2014 6:58:25 PM UTC-7, rickman wrote:
Quoted text here. Click to load it
ing papers, I have to assume you aren't wrapped to tightly.
Quoted text here. Click to load it
ase at a price he's willing to pay. There are lawyers that specialize in ev
ictions. The advice they will give you is to write-off any rent you are owe
d since you will never collect it even if a court awards it to you. Concent
rate on getting the squatter out of the property with minimal damage to the
 property.
Quoted text here. Click to load it
and broken.  Deadbeat can games the system with minimum efforts and costs.
Quoted text here. Click to load it
thing over and over again.
Quoted text here. Click to load it
gest-eviction-in-ct-history-finally-over/
Quoted text here. Click to load it
 North and he will not go there.  I can do another blind appeal (before the
 hearing) and take it to the NSC in a year.  It took six months for the Dis
trict Court of Appeal.
Quoted text here. Click to load it

I wish so.  But you, me and (unfortunately) him all know what it really mea
n.



Re: OT: court question
On 10/13/2014 12:17 PM, snipped-for-privacy@gmail.com wrote:
Quoted text here. Click to load it

Why won't a lawyer touch it?  Why would they be "sanctioned"?

If you make one small mistake in the way you prepare your filings they  
will be tossed and you may miss your deadlines.  This stuff happens to  
lawyers who are supposed to know.  Very easy for a novice to screw it  
up.  In that case they *won't* read it.

--  

Rick

Site Timeline