OT: court question

What wrongdoing? You keep talking in riddles.

I know what indemnification is. What possible damages? How much is the bond?

Normally going to court to have someone evicted is not a big deal. If rent is owed the tenant will be given a short time to leave. You will get your bond back. Why are you making a big deal of this?

I don't know what that means. Property rights are not human (civil) rights. Civil rights are considered to preempt property rights. That is why you can't set mantraps to protect your property. That is why the law makes the landlord prove in court that a tenant has not paid the rent. Better to cause the loss of some income vs. tossing a person on the street unjustly.

Actually all human rights can be protected in the courts. You are not forced to provide social service. You are limited in what you can do to evict a tenant. For example you can't cut off the water or electricity.

Who are you suing for "Wrongful Judgment compensations", the court? I don't think they will find you in contempt of court just for filing papers. If you go off in court they certainly will.

To have a "Wrongful Judgment" means you lost a suit. Were you unsuccessful in evicting a tenant? What was the reason the court gave?

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Rick
Reply to
rickman
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I don't know what he filed with the court. He never served me a copy. I have to find out in December. No filing fee, no service fee, no rent payment and no bond needed. Such a deal for deadbeat.

Reply to
edward.ming.lee

Aren't those sanctions basically illegal? Some (now) decrepit and trashed document's amendment of yore?

Reply to
Robert Baer

sful in evicting a tenant? What was the reason the court gave?

have to find out in December. No filing fee, no service fee, no rent paym ent and no bond needed. Such a deal for deadbeat.

Sounds like your tenant will lose his case.

As to your damages, my guess is if you file them as Claims in your eviction suit, you will probably get a judgment. That judgment sounds like it will be uncollectable, so you're just out the money. You can probably wreck th e guy's credit for a while, and give a bad reference should they try to use you for one - but I understand that's not much satisfaction when you reall y just want the cash.

As for minimizing the time it takes to evict your tenant (and therby the ex tent of monetary damages), the tenant still has rights. Hopefully, the per iod is short and won't drag out too long.

Did you get a deposit up front sufficient to help cover some of this? If not - lesson learned.

Unruly tenants, the constant need to find good quality tenants, never-endin g maintenance, and legal experiences such as you describe are all reasons I never wanted to get into rental real estate.

Reply to
mpm

When the Federal judge does his due diligence search and finds a case pendi ng in the lower court, he'll hold or reject your case unless there is a gri evous wrong or need for a instant injunction such as a death penalty case.

In other words don't file concurrently, your NOT on death row and its NOT a emergency.

Judges have serious procedural manuals to follow. It varies from District t o District, but they have procedures. When you skip a step, it will result in case closure or remand.

Besides what every one has missed here there are probably two federal dist rict courts before you get to the Supremes... A property case will get rema nded to the lower court. The Supremes pick what they rule on through a comp lex procedure designed so only very important matters make it to USSC.

In a miracle, a higher court may catch a system mistake on your behalf and issue a writ of Certiorari with the remand. But not likely.

I'm not a lawyer, but I had to take two con law classes and deal with vario us law problems over the years.

Steve

Reply to
sroberts6328

My bad, that should read Mandamus, not Cert. in the above post.

Steve

Reply to
sroberts6328

But what if the lower court is state court? Shouldn't the federal and state systems be separated?

Reply to
edward.ming.lee

ate systems be separated?

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Not always..

Normal chain is to exhaust the State before going Federal. You have to fin d a relevant Federal statute to bring charges or a Civil case in Federal c ourt, or have something like a civil rights violation brought forth by the state. If you do not have "Standing" before a given court, your suit is goi ng to be tossed.

The Federal Bench is not going to rule on Nevada law unless the Nevada side has made a serious mistake, or violated Federal Law, or the Constitution. They have to find they have Jurisdiction to act.

Having two simultaneous suits against a party when there is already standin g in a lower court is a big time no-no for a beginner. Your opposition has sought standing, so you need to go to pre-trial motions or discovery, whic h is the fact finding and informing part of the process.

From what you are saying, I suggest you seek legal counsel NOW! Almost all lawyers will give you 20 minutes of their time to discuss a prospective cas e.

Your going Pro Se in a property law case could probably rapidly escalate in to a tenant filling a civil rights case against you. Probably with the help of learned counsel (lawyer) from a civil rights or tenant's rights group. That will backfire on you as a trained lawyer eats you for lunch on the st and. If you make a procedural or factual mistake in court, it is not up to the j udge to let you know. That opens a can of worms when you find you really n eed the lawyer to clean up your mistakes.

Courts work on facts, not emotion. The law rarely involves simple black and white decisions.

Who for example is representing the Tenant? That is a big question you nee d to answer right away!

I'd suggest getting Counsel right away.

Steve

Reply to
sroberts6328

I was on a civil jury in August. The plaintiff represented himself. It might have been amusing if it hadn't so painful. The judge was very patient as the plaintiff bumbled along. This case would normally have been in county court but the plaintiff filed in federal court which he was allowed to do based on his state of residency and the state where the incident occurred. I later found out that he had hired a lawyer but that lawyer had been disbarred prior to the trial.

In some cities, the tenant laws are so strong that you basically have to pay the tenants to leave. San Francisco is like that. The end result is higher rents, despite rent control. Landlords just exit the rental business and convert their buildings to TICs (tenants in common) where the tenants buy the building (like a co-op). Homeowners with in-law units are reluctant to rent them out because they may never be able to sell their home.

Renters often know the law better than landlords.

Reply to
sms

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.

Reply to
sms

apers, I have to assume you aren't wrapped to tightly.

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.

Reply to
edward.ming.lee

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?

Reply to
sms

papers, I have to assume you aren't wrapped to tightly.

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.

broken. Deadbeat can games the system with minimum efforts and costs.

g over and over again.

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.

Reply to
edward.ming.lee

ng papers, I have to assume you aren't wrapped to tightly.

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.

nd broken. Deadbeat can games the system with minimum efforts and costs.

ing over and over again.

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

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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.

Reply to
edward.ming.lee

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

Reply to
sms

(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".

Reply to
edward.ming.lee

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

08/01/2012 Execution issued.

Sounds rather severe.

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Rick
Reply to
rickman

ing papers, I have to assume you aren't wrapped to tightly.

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.

and broken. Deadbeat can games the system with minimum efforts and costs.

thing over and over again.

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.

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

Reply to
edward.ming.lee

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.

Reply to
mpm

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.

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Rick
Reply to
rickman

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