Court Wed.

[rumyluvgrl]

What is the name of your state (only U.S. law)? NC

Much shorter this time.

A man purchasing my home turned into a stalker. He stored some items here last June. A mutual acquaintance picked up all this personal items and returned them to his wife. The only items left were a few pieces of furniture, some larger electronics and 7 shotguns & rifles.

His attorney did not ask for the furniture in October when I was granted a protection order for 90 days (he threatened to kill me and burn the house down) nor did he leave me alone during the 90 days.

The day after the PO was over he asked me in an email when could he get his stuff. I sent my reply to his wife that he was not welcome here and if he had any items here they would still be here when I left.
Neither wrote regarding those items but they did send me several emails claiming I lied to the DA which ruined them financially. Then I received a summons they were suing me in small claims court for the items he left here and his guns.

Court is Wed.

I sent them a letter via email & postal. I made it clear she could have came or sent someone else to pick those items up. Only her husband wasn't welcome. I also listed everything he still had here (which is more than he listed on the court document). He responded they'll see me in court. I also printed out the emails they sent claiming I lied to the DA and the DA signed them stating we never had those conversations. I will also take with me photos of his stuff.

Can you think of anything else I should take with me?

 

[BL]

2Why didn't you tell the wife upfront She And friends could come get the restThe Judge of the treat to burn the house down and longer RO order. ,that you can agree aon a pick up time, or they can hire a moving company to come for them.

Why didn't you call the Law on violation of the restraining order?

If the RO is still in effect when you go to court make sure you tell security and the Judge of the violation. re stll there and more

Take picture of his items for court and explain they are still there and more that was ordered to return.

 

[quincy]

What is the name of your state (only U.S. law)? NC

Much shorter this time.

A man purchasing my home turned into a stalker. He stored some items here last June. A mutual acquaintance picked up all this personal items and returned them to his wife. The only items left were a few pieces of furniture, some larger electronics and 7 shotguns & rifles.

His attorney did not ask for the furniture in October when I was granted a protection order for 90 days (he threatened to kill me and burn the house down) nor did he leave me alone during the 90 days.

The day after the PO was over he asked me in an email when could he get his stuff. I sent my reply to his wife that he was not welcome here and if he had any items here they would still be here when I left.
Neither wrote regarding those items but they did send me several emails claiming I lied to the DA which ruined them financially. Then I received a summons they were suing me in small claims court for the items he left here and his guns.

Court is Wed.

I sent them a letter via email & postal. I made it clear she could have came or sent someone else to pick those items up. Only her husband wasn't welcome. I also listed everything he still had here (which is more than he listed on the court document). He responded they'll see me in court. I also printed out the emails they sent claiming I lied to the DA and the DA signed them stating we never had those conversations. I will also take with me photos of his stuff.

Can you think of anything else I should take with me?

Thank you, rumyluvgrl, for consolidating your threads and editing them to include only the essentials here. This is really appreciated.

It sounds as if you have gathered together what you need for court.

If the crazy fellow is only suing to recover the items he left in the house, he will probably not have a problem with the court ordering that the items be returned - but you have a copy of the protection order that you had against him, and you have evidence that you informed his wife that the items would be left in the house where her husband could have them once you left or that she could come and pick them up before then, and this shows the court that you had no intention of keeping these items or disposing of them.

That said, this guy apparently has an attorney and that automatically puts you at a disadvantage. A courtroom and a judge can be pretty intimidating. You might want to consult with an attorney in your area for some advice and direction prior to Wednesday's hearing, to get you prepared.

In court, it will be important for you to remain calm and civil and it will be important for you to direct any statements you make only to the judge and only when it is your turn to speak, regardless of what lies or stories the crazy guy might spout. Don't speak to the guy directly or let his statements anger you. If he is as crazy as you say, the judge could/should pick up on it.

In addition when you go to court, dress professionally (no jeans or tee-shirts), smell pleasantly (no smoke or heavy cologne), and do not bring electronic devices into the courtroom. Judges hate it when cell phones go off.

I cannot see that the fellow suing you will be awarded any damages. In fact, I am a bit confused as to why he is suing you in the first place. But I guess crazy doesn't have to make sense.

Good luck on Wednesday.




edit to add: I like BL's suggestion to take photos of the items and have these photos with you in court, to show the judge that the items have not been damaged, sold, or disposed of.

 

[STEPHAN]

It might sound strange, but the one thing that has helped me the most in courtrooms is a good old fashion notebook to take notes of the bull**** others are saying so I can correct it when it is my turn to speak.

 

[quincy]

It might sound strange, but the one thing that has helped me the most in courtrooms is a good old fashion notebook to take notes of the bull**** others are saying so I can correct it when it is my turn to speak.

That can be helpful if it is not too distracting for you or too distracting to the judge. If notes are taken, they should be done so sparingly. Frantic jotting away is something that should not be done in court.

In fact, many judges prefer that the parties before them are quiet, still and concentrating fully on what is being said.

 

[rumyluvgrl]

Thank you everyone.

The remaining items are still here because they didn't make arrangements to pick it up. The only thing I kept being asked for were the guns. Not by him but by his wife and sister. They were both told no way!

The PO was over Jan. 22nd. Jan. 23rd is the only day I was asked for the rest of the stuff. I believe the only reason he has taken me to small claims is because I refuse to have anything to do with him and I've made it known he can not come over here.

I do not believe he will be represented by an attorney. He filled out the paperwork himself (incorrectly). He's facing 5 felony counts and can't afford the cost of an attorney for something like this.

Just as I can't afford to pay for the court fee's for this.

 

[quincy]

Thank you everyone.

The remaining items are still here because they didn't make arrangements to pick it up. The only thing I kept being asked for were the guns. Not by him but by his wife and sister. They were both told no way!

The PO was over Jan. 22nd. Jan. 23rd is the only day I was asked for the rest of the stuff. I believe the only reason he has taken me to small claims is because I refuse to have anything to do with him and I've made it known he can not come over here.

I do not believe he will be represented by an attorney. He filled out the paperwork himself (incorrectly). He's facing 5 felony counts and can't afford the cost of an attorney for something like this.

Just as I can't afford to pay for the court fee's for this.

Ah. I would take photos of the guns (along with the other items left behind) and the judge may have something to say about their return to him if the guy is facing felonies.

He DID pay you cash for the house, though, right? I remember you saying in your other threads that he paid $88,000 cash to purchase your house and then provided you with an additional sum for utilities so you would stay in the house during some renovation he intended to do.

At any rate, you appear to have enough to support your reasons for not returning the items he stored in the house he purchased. Why he would want them returned if he would be moving into the house is a bit of a question mark, but I guess he thought you might sell them or dispose of them.

Again, you might want to review all facts with an attorney in your area, just to make sure you have everything covered. Good luck in court on Wednesday.

 

[BL]

How did it turn out?

 

[rumyluvgrl]

I wanted to let y'all know what happened.

The judge was on my side all the way. It was continued til May 27th which is when the judge would be back in town. His wife came the next day, picked up all his stuff and promised I would not hear from him before the next court date. I had her sign a printed out copy of an email listing all his stuff stating she got it all.

He is facing 5 felonies in two jurisdictions and I just found out at his court date today his attorney somehow made the possession of stolen firearm go away and had it replaced with maintaining a dwelling with marijuana. His next court date is May 11th. No wonder people don't want to get involved with anything or be a witness for anything. I've sure learned my lesson!

Thank you ALL for helping me with this problem.

 

[STEPHAN]

Thanks for the update! Good luck with everything.

 

[quincy]

I wanted to let y'all know what happened.

The judge was on my side all the way. It was continued til May 27th which is when the judge would be back in town. His wife came the next day, picked up all his stuff and promised I would not hear from him before the next court date. I had her sign a printed out copy of an email listing all his stuff stating she got it all.

He is facing 5 felonies in two jurisdictions and I just found out at his court date today his attorney somehow made the possession of stolen firearm go away and had it replaced with maintaining a dwelling with marijuana. His next court date is May 11th. No wonder people don't want to get involved with anything or be a witness for anything. I've sure learned my lesson!

Thank you ALL for helping me with this problem.

When are you moving out of the house you sold to him, and when is he (or his wife) moving in?

I am glad to hear that his "stuff" is no longer an issue.

Thanks for the update.