My brother is going to be evicted from his place soon (any day now), and I've heard that if you're evicted, anything in the place is taken. Is that true?
IF IT IS, my Playstation 3 is at my brother's, along with a couple games and movies he was borrowing.
He lives a while away from me, so I can't just leave for a day and go get it, I don't have time. He said, "don't worry, I'll bring it back to you" when he comes down in a couple weeks.
So basically, are my PS3/games/movies gone forever. That's not fair, what can I do about it?
2007-11-24 02:04:25 · 7 answers · asked by Salizler 4 in Politics & Government ➔ Law & Ethics
First of all does/did he have a court date? All he has to do is show up to his court date and the judge will automatically give him 2 days or 2 weeks depending on the judge. The judge will sign papers with the exact day he must be out. IF he doesn't get out before that day he will lose everything!
The way it works is, on the COURT ordered evication signed by the judge is a date... if he is STILL living in the apartment then the company will have to go BACK to court and FILE --- the sheriff will come out and basically stand there until the apartment complex/landlord removes EVERYTHING out of the residence and place it on the side of the road or trash bin... your brother will not be allowed back to enter... he can grab his belonging then - BUT he really should start moving his stuff NOW
Keep in mind the complex will give him their own evication notice but this doesn't mean anything - nor can they lock him out - by law it's illegal to lock a person out for nonpayment... Sure they can put a lock but it must be removed by request even if he doesn't have a dime to pay. Their evication notice isn't a MUST move now - ONLY a COURT order evication signed by a JUDGE holds water.. HOWEVER he should just move and avoid all the hassel if he doens't have means of paying the rent....
2007-11-24 02:13:43 · answer #1 · answered by Pixel 5 · 1⤊ 1⤋
Depending on the type of eviction it can take a minimum of 24 hours but a maximum of 30 days. It also depends on where you live. There have been some instances where a property lockdown has happend and until the person has shown up with a law enforcement officer to collect and vacate. Otherwise, no one person unless otherwise entered by a court of law for asset recovery may withhold personal property. As a suggestion whoever is serving the eviction your brother should be present with a witness and or move out before the eviction is finalized.
2007-11-24 02:39:42 · answer #2 · answered by Devontrit Whiteside 2 · 0⤊ 1⤋
I am a leasing consultant, and from my experience... Evictions sometimes take months (like 1- 2 non-paid rent months) I know people that havent paid Oct, Nov and should be evicted by dec...
He has the option to remove all belongings. Once the sherrif issues him a 24 hour notice he has 24 to get everything out. Whatever he leaves after that will be put out on the street or in the garbarge.
If he needs more time to find a place to live, have him answer to the courts that are ordering the eviction. That should buy him and you time to get your things out...
2007-11-24 02:17:09 · answer #3 · answered by Cynthia 2 · 1⤊ 1⤋
Wow. Your brother is being evicted from his home and all you are worried about is some video games? Nice.
Anyway, no they won't take his stuff. He has to move in a certain amount of time though. He just needs to find another place to go. Eviction takes a long time through the courts, and when it's final he still will have some warning when to go.
2007-11-24 02:09:01 · answer #4 · answered by Eraserhead 6 · 2⤊ 2⤋
If he's evicted, he has the option of moving out his stuff. If he doesn't move it out himself, they'll probably just put it out on the street, and there's a chance that your stuff will get stolen by anyone in the neighborhood.
If your brother can't be responsible enough to pay his rent, I wouldn't trust him to protect my belongings either. He's irresponsible, and if your stuff doesn't get lost in the eviction, he'll lose it some other way. Go and get your stuff back if you want it. Otherwise, quit whining.
2007-11-24 02:12:27 · answer #5 · answered by skip742 6 · 1⤊ 1⤋
Have your brother pack them up and post them to you. Even if you do have to wire him the money to do this at least you will not be out your PlayStation
The entire eviction process usually takes a couple months. generally you do have time to clear your belongings before a sheriff shows up on your door to toss you out.
2007-11-24 02:09:13 · answer #6 · answered by smedrik 7 · 1⤊ 2⤋
When someone gets evicted, it is their responsibility to remove their property. It is not seized by the person evicting them. The removal of the person is the reason for eviction, not claiming their property.
2007-11-24 02:12:42 · answer #7 · answered by sensible_man 7 · 0⤊ 2⤋