My son got out of the military and can't get a job. He brought his wife (pregnant at the time) with him and they've since had the child. It's been 8 months now and he hasn't gotten a job since he's been here. He has tried and tried but he keeps getting turned down because he's either too expereinced or inexperienced. He also refuses to work at fast food because he says it's not good enough. I also co-signed on a loan for a car for them and since he has no job he can't pay the insurance or car payment. We have invited a moderator in to work things out but they still haven't come through on payments (no job). We never agreed to a rental contract (nor have they payed anything towards rent) as I said they could live here for free until they got on their feet. I'm tired of paying their bills and I want them out. I gave them a 30-days notice (word document) and I want to know what legal rights I have to evict them, how to do it, and how to get the car from them too? State is VA by the way.
2007-05-16 15:40:54 · 10 answers · asked by 3236208 1 in Politics & Government ➔ Law & Ethics
I've also called child services on them because I didn't think they were raising their child right, but child services found nothing. He applied for unemployment but didn't qualify because he got out of the military earlier than he signed up for. It was a general discharge but he still has a security clearance. So, he has the ability to get a job and still hasn't. They said they're trying to turn their lives around now (after 7 months of sitting on their rears) but he applied to places like Circuit City and Best Buy. So, it's too little too late because I still can't afford to pay for their car AND their insurance AND groceries. They have been spending their money on formula and diapers, etc. but they buy games and see movies too. This is why I am tired of paying for their bills and I want them out.
2007-05-16 16:40:28 · update #1
You need to call the courthouse and ask about eviction proceeding they should be able to advise you. You do not need a lawyer probally to just pay a filing fee. You do need to evict them through the court system. If they fail to comply with a court order they can be held in contempt and removed from your home by the police. As far as the car goes you need to talk with the lending company get names, times, and try to get any promises they make you in writting. Your son probally will default on the loan if he gets kicked out or if the car is not insured. They probally can remove him from the financing and have you take over payments if he defaults.
2007-05-16 15:46:37 · answer #1 · answered by Lily 7 · 0⤊ 1⤋
I'm not sure what your laws in VA are concerning co-signed car loans, but in my state you can't take the car from them.
The only thing you can do in my state, is contact the loan company and explain to them whats going on. You offer the loan company a deal, when they repossess the vehicle you bring all payments current and the car's yours. Whatever you do, don't let the insurance lapse.
As far as getting him and his family out of your house, you'll need a restraining order. Almost every state has the same or similar laws, that recognise people living in a house belong there, even if they don't contribute to it's upkeep.
I would offer to keep the grandchild in my home, if homelessness looks possible, with the understanding that the son and wife leave.
Good luck, I'm sorry things have progressed in this manner and that there's a young child caught in the middle.
2007-05-16 15:57:01 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I truly feel for you as I had a similar situation with my brother after he got out of the Army in the past, but legally, it will be difficult if not impossible to get off the hook apart from continuing to encourge them VERBALLY to move out on their own after not having a written agreement for rent.
You can hire an attorney and even if they are very agressive, they are going to have a difficult time convicing a Judge to evict a former member or the Armed Forces, his wife and 7 mo. old from his MOTHER'S residence, especially since you said they could live there rent free until they got to their feet, which, obviously, they have not.
As far as co-signing on the car loan, you are on the hook and there is no way out of that, again, unless gaining the cooperation in agreeing to sell the car for what is left outstanding on the Note that is due. Start talking to the banker or agent assigned to the Note and let them know of the situation and if you cannot pay, where and when to repossess.
Other ways to encourage their departure is to not give them a dime for anything beyond what you have to pay to protect yourself, including food. Tell them the have to visit local or distant food banks to meet their needs as you just cannot afford to keep subsidizing them. Avoid keeping any food at your house they could eat.
Continue to encourage them to visit the local welfare office and look into subsidized housing.
2007-05-16 17:55:05 · answer #3 · answered by bottleblondemama 7 · 1⤊ 0⤋
I think you have to file for eviction thru the court. You should send him a written certified letter advising him of how much he owes you from the missed car payments and make a demand for the money now. Then you also have this to bring to court. Maybe you can give him 30 days to catch it all up or you will have to take ownership.
2007-05-16 15:54:09 · answer #4 · answered by Nort 6 · 1⤊ 0⤋
You have lost the ability to motivate your son many, many years ago.
He may have joined the military because he wasn't sure about what he wanted to do and now, he still is directionless.
This is sad because he probably projects that same uncertainty when he interviews for a job. Job interviewers pick up on that right away.
To be unfocused and uncertain when you become a husband and father is an even more sad situation to find oneself in.
People coming here from other countries and with less education don't seem to be having trouble finding work!
I wish you luck!
2007-05-16 16:03:59 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Wow. You're a very calloused lady. I'd like to show you what God says about this:
Matthew 7:9-12
"Or what man is there among you who, if his son asks for bread, will give him a stone? 10 Or if he asks for a fish, will he give him a serpent? 11 If you then, being evil, know how to give good gifts to your children, how much more will your Father who is in heaven give good things to those who ask Him! 12 Therefore, whatever you want men to do to you, do also to them, for this is the Law and the Prophets."
2007-05-16 15:48:44 · answer #6 · answered by jon s 3 · 1⤊ 2⤋
He's probably traumatized. Go to family court and see if they'll give you a mediator that can work out a timeline.
2007-05-16 15:45:53 · answer #7 · answered by ToYou,Too! 5 · 1⤊ 0⤋
if he is living with you at your permission then he can be kicked out. if you told him he does not have to pay rent then you can not do anything.same thing about the car. if he was supposed to be making payments and is behind then yes you can repo the car
2007-05-16 17:31:14 · answer #8 · answered by charlsyeh 7 · 0⤊ 1⤋
dear son....any job is good enough when you have a child!
2007-05-16 15:48:49 · answer #9 · answered by dmr27g 1 · 2⤊ 0⤋
change the locks on the doors
2007-05-16 15:44:20 · answer #10 · answered by Anonymous · 0⤊ 1⤋