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Conspired Eviction???

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olikolik

Member
What is the name of your state? Ohio

Okay, I have searched but have been unable to find the info I am looking for. Here is the story.

My parents have lived in a rental house since 2000. They have never had any problems until today. They were served with eviction papers for not paying rent. The papers state that they have not payed rent for 12 months. It also says they were asked to leave in January of 2004.

They were never given a copy of this notice to vacate. They did not sign for it nor was it delivered to them by any official. They have stubs from the money orders that they paid with. They spoke with counsel today and were told that the stubs were useless. I guess the money order is too hard to trace back. Now they are looking a 5000 suit plus attorney fees and what not on top of eviction. They have to go to court on the 24th of March.

Here are my questions. What would you suggest they do as far as trying to prove the payments were made? If it was true that they were that far in default, wouldnt the LL try to evict them sooner? How many days after they appear in this case, if they are found to be wrong, due they have to vacate? Is there a law that says they needed to be served with the eviction papers in person, or by a sheriff.

This LL could of simply said he posted the notice, and made one up, and fabricated the whole deal of no rent for the past year. We did not know that money orders cannot be tracked back, this was the error they made. Any help is appreciated. Thank you.
 


FarmerJ

Senior Member
Have you contacted the money order firm to find out the procedure to get copys of the cashed money orders for the months in question ? to see if they are available and how much per copy and how long it will take to get them ???
 

HomeGuru

Senior Member
olikolik said:
What is the name of your state? Ohio

Okay, I have searched but have been unable to find the info I am looking for. Here is the story.

My parents have lived in a rental house since 2000. They have never had any problems until today. They were served with eviction papers for not paying rent. The papers state that they have not payed rent for 12 months. It also says they were asked to leave in January of 2004.

They were never given a copy of this notice to vacate. They did not sign for it nor was it delivered to them by any official. They have stubs from the money orders that they paid with. They spoke with counsel today and were told that the stubs were useless. I guess the money order is too hard to trace back. Now they are looking a 5000 suit plus attorney fees and what not on top of eviction. They have to go to court on the 24th of March.

Here are my questions. What would you suggest they do as far as trying to prove the payments were made? If it was true that they were that far in default, wouldnt the LL try to evict them sooner? How many days after they appear in this case, if they are found to be wrong, due they have to vacate? Is there a law that says they needed to be served with the eviction papers in person, or by a sheriff.

This LL could of simply said he posted the notice, and made one up, and fabricated the whole deal of no rent for the past year. We did not know that money orders cannot be tracked back, this was the error they made. Any help is appreciated. Thank you.
**A: so what did their attorney advise them to do?
 

JETX

Senior Member
"What would you suggest they do as far as trying to prove the payments were made?"
*** I agree completely with Farmer. Contact the company that issued the money orders and get a copy of each of them. That is the ONLY way that they can prove payment was actually made to and received by the landlord.

"If it was true that they were that far in default, wouldnt the LL try to evict them sooner?"
*** Not necessarily, nor relevant.

"How many days after they appear in this case, if they are found to be wrong, due they have to vacate?"
*** If Judgment is found in favor of the Plaintiff (landlord), a "Writ of Restitution" (Court Order for the tenant to vacate the premises) will be granted by the Judge. Within ten (10) days after service of the "Writ of Restitution", a physical eviction shall go forward. The Bailiff will notify the Plaintiff (landlord) and the Defendant (tenant) as to the date and time that the Defendant must vacate the premises.

"Is there a law that says they needed to be served with the eviction papers in person, or by a sheriff."
*** Yes. The applicable law for service of the notice (§1923.04) says:
"(A) Except as provided in division (B) of this section, a party desiring to commence an action under this chapter shall notify the adverse party to leave the premises, for the possession of which the action is about to be brought, three or more days before beginning the action, by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at his usual place of abode or at the premises from which the defendant is sought to be evicted."
 
B

Born to Lease

Guest
Very L O N G story short...Payments were sent via FedEx from the properties to a company in Chicago which posted & deposited the payments into the properties accounts, and then the company would upload the info. into our systems so we would know who had paid rent & when they paid...Ok, end of story is next...

On the 4th of a particular month I noticed the majority of those who always pay rent on or before the first of the month had no payments posted to their accounts so I contacted the company in Chicago and they reported no FedEx package for the number in which I had sent more than $150,000 worth of checks and money orders (and you guessed it--majority of the payments were in the form of money orders!)

Within as quickly as 2 hours, and up to a little more than 2 weeks, everyone who had their receipts/money order receipt numbers had brought in the information regarding who had cashed their payments & also the date, time AND place they were submitted for payment.

Contact the company at once, and they should be able to assist you. Oh, the fees ranged from $7 to I believe $15 per traced money order.

Best of Luck!!!
 

JETX

Senior Member
BTL, why did you have to post that story regarding what happened somewhere else????
Your LONG post could have been a very simple:

"Contact the company at once, and they should be able to assist you. Oh, the fees ranged from $7 to I believe $15 per traced money order. "
 

olikolik

Member
we are attempting that now, the company ( american bank ) is telling us it will take a while to do beacause they have to go back so far, it makes no sense.

The lawyer advised us to pay the money and move out. The moving part is okay, but the 5000 plus back rent is undesirable....thanks
 

FarmerJ

Senior Member
order copys of them , then get them to fax you back a letter showing that you have ordered the copys and if the copys havent arrived by the time court occurs then , explain to a judge that you have ordered copys and have with you $ to post with the court , IF the court would agree to delay any action and allow you to show that the rents were paid , when your copys arrive . so the matter can be dismissed , but your gonna have to have money to do this ,
 

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