The District court Judge has decided that there is more to understood before she is willing to put the entire burden on the former landlord. I agree. We also agree that there is great potential that liability may also lay in the hands of the county court clerks error, and also the mistakes made by the sheriff department all need to be discovered and so the Replevin suite just blew up to a complicated monster that I again will have difficulty with. The Judge also stated that there was a stay issued by the District Court when it received Notice to file Appeal, Designation of record and Urgent Motion to Stay. I was no doubt confident that I had filed the proper paper work, met all the deadlines and I need not worry that the sheriff will be doing any eviction. But the order granting the stay was never sent to the sheriff office. And so without warning they kicked in the door, detained me in their cop car for 6 hours and they never even removed one item off the premises. The rules of FED state that the tenants property does not leave his right to ownership and that the reason for the tenants property to be removed from the premises is to ensure his right to free access to his property is irrevocable and that any person found to be intentionally depriving tenant of that right shall be considered wrongfully and unlawfully holding any such property and that is theft .The sheriff instructed the landlord and the movers to NOT put all my property off the premises and went on to tell the landlord that after the eviction is over, any of my property that remains is abandoned and she can do whatever she wants with it. So when I returned with the moving truck I was denied access and the gate was padlocked. The sheriff wouldn't even answer my call to request a stand by. With that in mind, the sheriff department guide to evictions, a brochure that the sheriff uses to educate landlords prior to conducting a eviction states "The sheriff department will not help you take any of the tenants personal property during the eviction process and if the sheriff deputy supervising the eviction becomes aware that the tenants personal property is is not being treated in the ways described here. The sheriff can stop the eviction and the landlord my loose the right to possession awarded previously.
Back to what I was saying about the District Judge on the Replevin suit. In December at the initial hearing to show cause, the landlord was pro se and obviously unable to comprehend the nature of the case and could only tell the judge that she was no longer in possession of my property and tools etc. In the hearing the landlord satated the she hired a rolloff dumpster and threw everything into the trash. Guess she will pay the replacement costs then. Oh yeah, also she lawyered up.
Now I have to carefully navigate the extensive list of court deadlines, forms and I am questioning whether I should file a demand for jury trial because with all the deadlines and stuff It could make proving my case most advantageous.
Please feel free to ask me any questions and also offer any advise. Also if you or any legal counsel that you believe would be willing to take this case. I do have some money saved up and I am a member of legalshield and I have a 2008 BMW 328xi AWD I can trade for legal help. I could really use some professional help with this and also help with a libel suit against the same landlord and a former customer she recruited to launch an online smear campaign. More like caricature assassination.
So in summary: Landlord and her Attorney were both aware that filling an appeal comes with an automatic stay, but they e filed the Writ of Restitution and falsified the date the court ordered possession by making it 8 days earlier than it actually is. (contempt of court, false representation of public record and falsifying a court order, intensional stress and financial loss to person that is party to case)
the sheriff department for not following specific state rules in dealing with property owned by tenant during execution of FED, mishandeling of tenants personal property and work tools and allowing the landlord to unlawfully convert all, giving landlord legal advise and making up rules that are not cohesive to the best interest of the people and to preserving justice when he declared all of my property abandoned at the end of the eviction, contacting my customer and without any authority to do so he gave my customer his vehicle without the customer paying one dime for the contracted parts and service agreement totaling $4800.00, $0 has been paid to me for the work and parts installed on the customers car which the customer sold quickly after he illegally got it back from me.
the courts are also responsible for not following procedure that is to notify any department and agency when a stay is granted and as soon as it can be done the clerk is to withdraw any orders, executions, act on any writs, release repossession and custody in any applicable proceeding.