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Topics - Giggles

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Dear Socrateaser / I'm Back.....m
« on: Aug 10, 2005, 08:26:31 AM »
Hi Soc, perhaps you'll remember I'm the one with the X-Boyfriend that took me to court in May 05 to have removed from his house.  I thought all was well but now the harrassment begins :-(

On Monday, Aug 8th I was alerted (by a friend) that there was a personal ad placed on Yahoo Personals using my photograph and stating some rather not so nice UNTRUE things about the type of person I am.  I DID NOT place this ad and I suspect that the X-Boyfriend did due to seeing me out with someone else.  According to Yahoo's Terms of Service agreement, if an individual violates the TOS by placing a false ad to "defame" another, disclosure of that person's e-mail and IP address can be made after receiving a subpena for the information.

I have contacted Yahoo and asked that they remove the ad (of which they did do) and to investigate this situation.

1.  Do I have any legal recourse against the person who placed this ad?

Dear Socrateaser / Hey ya Soc...an UPDATE...m
« on: Jun 25, 2005, 05:21:00 AM »
I'm the one who's STBX BF took to court to have me thrown out of his house in MD.  Well here we are more than a month later and I'm still in the house...but only for another week!!! :-)

I close on my new home Monday and Moving date is scheduled for July 2nd!!!  What made him change his mind and let us stay???  I think it had to do with my DD.  He and I have been together since she was 11 months old, to her, he is "Daddy".  A couple days after the court incident, she went to him crying because she didn't "want to move away from him".  Ever since then he backed way off.

Anyhow, I just wanted to thank you again for all your help!!!

Dear Socrateaser / CS Contempt...m
« on: Jun 02, 2005, 01:23:39 PM »
Hi SOC!!  Not to worry, this has NOTHING to do with the eviction....which btw, I'm still at the house :-)  My settlement date on my house is June 30th and I think he now realizes how drastic his life is going to change when we finally do leave...he's now trying for a reconciliation...AIN'T gonna happen!!

Anyhow...the State is MD and the CS I receive for my YD goes through CSE.  NCP had a wage withholding order but lost his job in Feb and I will assume that he hasn't returned to working because no CS has been paid since.  In April, CSE suspended his license and I just received a notice that he is to appear for a Show Cause hearing for Contempt on failure to pay CS.  It states that I do not have to appear.

1.  Should I go to the hearing?

2.  The amount he is in arrears is in the tune of over $11K, how much of that will he have to pay in order for them to drop the contempt hearing or to keep himself from going to jail?  (I believe he may have the money to pay it. This may sound mean....but his Wife was killed in an auto accident back in Oct 04 and he may have received a financial settlement....but I have no proof of this.)

Dear Socrateaser / OK SOC...say I do wish to appeal...m
« on: May 24, 2005, 09:07:29 AM »
This is what he filed...http://www.courts.state.md.us/district/forms/civil/dccv89.pdf

As you know, I can't afford an attorney...so would I file this form?

From the looks of it...it would probably cost me $190 to file the appeal, I can handle that and I may be able to line up a pro-bono attorney (still have to check on that) to help me out with this.  

1.  If I can't (find an attorney) then what happens once I file the appeal?  

2.  I believe they will set a court date of more than 5 but not more than 15 days from the date I filed the appeal?
I took this from the section you gave me....so it appears I have 10 days...not 5!! :-)
(ii) Either party shall have the right to appeal therefrom to the circuit court for the county within ten days from the judgment.  
 (iii) If the tenant appeals and files with the District Court an affidavit that the appeal is not taken for delay, and also a good and sufficient bond with one or more securities conditioned that the tenant will prosecute the appeal with effect and well and truly pay all rent in arrears and all costs in the case before the District Court and in the appellate court and all loss or damage which the landlord may suffer by reason of the tenant's holding over, including the value of the premises during the time the tenant shall so hold over, then the tenant or person in possession of said premises may retain possession thereof until the determination of said appeal.  
   (iv) The appellate court shall, upon application of either party, set a day for the hearing of the appeal, not less than five nor more than 15 days after the application, and notice for the order for a hearing shall be served on the opposite party or that party's counsel at least 5 days before the hearing.  
   (v) If the judgment of the District Court shall be in favor of the landlord, a warrant shall be issued by the appellate court to the sheriff, who shall proceed forthwith to execute the warrant.  
3.  I guess what I need to know is say the court says he has to give me 30 days notice...would that notice be dated back to the date I was first served or after the date of my appeal?

Dear Socrateaser / Questions to ask in court....
« on: May 19, 2005, 07:18:42 AM »
Hey Soc...me again,

I gave a lot of thought to your suggestion about asking questions about the purchase of the home....what do you think of these: (provided he answers truthfully...grr)

Questions to ask in court:

1.   Prior to buying this house, did we talk about purchasing a home together?
2.   Did you state that due to us being together that we could purchase a home for us?
3.   Did you state that you wanted to purchase a home for us?
4.   Did you and I actively seek out this home together?
5.   Did I help you find this home?
6.   Did you have reservations about this particular home (too far from work)?
7.   Did you state that you purchased this home because it was the home that I had wanted?
8.   When we first purchased this home, did you state that you could not have afforded to pay the mortgage and all utilities on your own?
9.   When we moved into this home, did you state that this was OUR home?
10.   Did you state that this home was as much mine as it was yours?
11.   Did we agree that you would pay the mortgage and I would pay for the utilities, food and other house hold items?
12.   Are the utilities current and paid to date?
13.   Did you remove my key to the mailbox from my key ring?
14.   Did you state that you had planned on changing the locks to the house?
15.   **Earlier you stated that this was OUR house, what has changed that circumstance?

*Edited to add additional questions

Dear Socrateaser / Court Friday for Wongful Detainment...m
« on: May 18, 2005, 09:06:37 AM »
Hi Soc...me again :-)

State is MD and on Friday is the court date for the Wongful Detainment that my STBX BF filed on me.  I have been gathering my evidence and found an old AOL IM conversation we had about purchasing the house.  His side of the converstation states that "WE" would be buying the house.  I've also put together an outline of what I want to say to the judge.   Could I get your opinon on it?

Court Information:

1. Mr. D expressed to me the willingness to purchase a home for us and our family prior to the summer of 2002 (see AOL IM conversation).  In August of 2002 Mr. D and I actively sought out a home to purchase

2. When Mr. D and I purchased this house in October of 2002, I voiced my concerns that something of this nature could happen.  At that time, Mr. D assured me that this was “OUR” house for our family.  That he had no intensions of ever having me or my children removed from “our” home and that this house was just as much mine as it was his. Therefore it is my position that an oral partnership agreement exists between Mr. D and I, that the home is partnership property, and that I am entitled to remain in the home.

3.  For the past 2 plus years I have provided most of the cooking, cleaning and other domestic issues in the home and lived as if the home were indeed “My” home as our agreement states.

4.  We further agreed that he would pay the mortgage and I would pay the utilities; provide the food and the household supplies along with the domestic support (cooking, cleaning, etc).  I have canceled checks that show that the utility payments are current.  

5.  As a matter of fact, Mr. D on Tuesday, May 17th, handed me the current Electric bill that he had just retrieved from the mailbox.  I no longer have access to the mailbox because on May 8th, Mr. Daughton, unknowingly to me, removed my mailbox key from my set of keys.

6.  I was also under the impression that Mr. D and I had come to an agreement on Sunday, May 15th, that he would not have me forcibly removed from the home prior to me finding my own residence.

7.   I am actively seeking a new residence and I have been approved for a 502 Loan from the USDA Dept of Rural Housing (provide copies of approval).  This approval expires on 7/10/05 and only allows for a 60-day extension.  It is my intention to find a residence prior to the original expiration date.

8.   I respectfully ask the court to dismiss this action of Wrongful detainment due to our oral partnership agreement and request the time necessary to seek out my new residence.  

Dear Socrateaser / Hey Soc...me again...m
« on: May 12, 2005, 07:47:00 AM »
Again the state is Maryland and it's regarding my STBX BF trying to have me removed from the house....I was able to see the paperwork he filed with the court...it states "Forceable Entry".

1.  Can he use this to get me out?

2.  I never received any kind of written notice to leave, How could he get a "Forceable Entry" judgement without that?

3.  Can he use "Forceable Entry" when I've paid everything on time and to date??

4.  What do I need to do to defend myself against this?

Dear Socrateaser / From bad to worse...m
« on: May 10, 2005, 06:30:30 AM »
Hi Soc...me again.

The State is Maryland.  I first posted about my STBX Boyfriend trying to Evict me and then about getting a protection order.  Things just went from bad to worse!!!  When I got home yesterday, he informed me that he went and filed at the court to have me kicked out.  He said that he still wants to work on things that he doesn't want our relationship to end...ugh.  Then to make matters worse....he took away my mail box key so now I can't get my mail.  AND THEN....he wakes me up at like 2 am wanting to have sex...I asked him what he was doing and he said...."Oh...since I went to the court I can't touch you now??  Y'know I wasn't sure if I was doing the right thing...but with your actions (refusing to have sex with him), now I'm sure Im doing the right thing".  

1.  If he did go to court, would they issue an eviction warrent even though he never gave me written notice to vacate?

2.  What can I do about getting my mail?  He took the key without my knowledge.

3.  Do you have any idea how long this process takes?  I should find out today that I am approved for a home loan.  I am trying to buy a home, would a judge be able to give me more time based  on this?  I have 2 small children (8 and 5) at home, would a judge throw us on the street?  We have NO WHERE to go...other than a shelter :-(

Dear Socrateaser / Protective order or not?...m
« on: May 05, 2005, 01:36:21 PM »
Hi Soc,

I had posted earlier regarding my STBX Boyfriend trying to kick my children and I out of the house (post was entitled "Eviction").  The State is Maryland btw.  The verbal 30 days he gave us is up and now he is threatening to change the locks on the house and throw our stuff in the yard.  As we were talking last night he stated "If those were MY kids I would have murdered them by now...I would go to jail, it wouldn't matter because I could kill them...they just don't listen".

1.  Is this enough grounds to get a protective order?

Dear Socrateaser / Eviction...m
« on: Apr 21, 2005, 10:07:08 AM »
Hi Soc,

The state is Maryland.  My X-BF and I have been living together for the past 4 years.  2 years ago he purchased the home we are living in now.  On April 4th he told me that he felt we should seperate and when I asked him how long he would give me to move out...he said to the end of the month.  I tried to find a place but with having 2 young children (5 & 8), both requiring child care (@ $800 a month), and rents over $1300 a month, there is no way I can afford it.  I found a program that will help low income individuals purchase a home but that is going to take at least 60 - 90 days.

My Questions:

1.  Can he just throw us out?

2.  Do standard Tennant/Landlord rules apply?

3.  If they don't apply, what actions would he have to take to get us out?

4.  If he decides to just start throwing our stuff out, what recourse do I have?


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