Hey Soc...me again...m

[Giggles]

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?

[socrateaser]

>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?

Yes, a forceable entry/unlawful detainer action is the ordinary legal process for removing a tenant from one's property. The summons must be served on you by a disinterested third party, and the summons and proof of service must be filed with the court. Until this occurs, any further legal proceedings against you would be invalid and unenforceable, although you might need to appear and move to dismiss for lack of effective service.
>
>2.  I never received any kind of written notice to leave, How
>could he get a "Forceable Entry" judgement without that?

Are you sure that there s a "Judgment" filed, or is it just a summons and complaint? If it's a judgment, then you need to file a motion to set aside, on grounds that service was never lawfully effected.

If your bf served you himself, then that service is invalid, but if someone else has served you, then it may be valid and you may be in some hot water. You need to go to the courthouse and see who returned the summons and the proof of service. You should probably get a copy of the rest of the file, as well.

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

Yes. You have no written rental agreement, so he can claim that he asked you to leave and that you refused, and then he could file the action for the Sheriff to remove you from the premises.
>
>4.  What do I need to do to defend myself against this?

Either get an attorney, or go to the courhouse today, and get a copy of the entire case file so that you know where you stand. But, you need to do one or the other T O D A Y ! ! !

[Giggles]

It was a complaint filed...not a judgement.  I haven't been served as of yet, and the court date is set for May 20th.

1.  Are you saying there is nothing I can present to the Judge to stop this?

2.  If he does prevail, how long will I have to vacate?

3.  Would a judge consider the fact that I have 2 small children that are still in school?  That I am in the process of buying a home and need some time (approx. 45 days)?

[jilly]

I have been following your posts on this subject and I strongly urge you do whatever is necessary to get you and your kids out of that house.

I understand that you don't have anywhere to go, or feel like there's no where for you to go except a shelter.  I stayed in a bad relationship longer than I should have because I felt the same way.  It took being choked and almost killed to snap me out of that belief.  Nothing like looking at yourself in the mirror and realizing that your legs are buckling under you and you're holding onto the bathroom sink gasping for air because you had blacked out from being choked and he stopped short of killing you. Please just go on to the shelter until you can close on a house.  Or, if you have the money or can borrow it from family/friends, go to a hotel until the closing.

I was very alarmed by the recent actions you posted...especially the reference to something that happened over the weekend with your daughter.  For your sake and for your kids sake you need to get out of there.

Good luck to you and take care.

[socrateaser]

>It was a complaint filed...not a judgement.  I haven't been
>served as of yet, and the court date is set for May 20th.
>
>1.  Are you saying there is nothing I can present to the Judge
>to stop this?

This is the MD Statute re [a href=http://198.187.128.12/maryland/lpext.dll/Infobase/47e13/4833f/48670/486a7?fn=document-frame.htm&f=templates]Wrongful Detainer.[/a]

Legally, in MD, you are entitled to 30 days from the date that you are provided with a WRITTEN "Notice to Quit." Whether you pay rent after that date is irrelevant. Your problem is that your bf may allege that you were provided with written notice, and he may have already sworn to that in his complaint. If so, then it will be the judge's whim as to who to believe, and you don't really want to be in court in such a situation.

As for being served, in MD, it appears that service of a summons for wrongful detainer may be by U.S. Mail, followed by affixing a copy to the door of the residence. So, once again, your bf may allege that he did all of this and the court may allow the May 20 hearing.

I just don't have enough facts and without reading the entire complaint, it's pretty difficult for me to determine what's up.


>
>2.  If he does prevail, how long will I have to vacate?

You have 10 days to appeal the judgment to the Circuit Court, after which the Sheriff will move you out.
>
>3.  Would a judge consider the fact that I have 2 small
>children that are still in school?  That I am in the process
>of buying a home and need some time (approx. 45 days)?

As I originally suggested, you have a case that a oral partnership agreement exists, that the home is partnership property, that you are entitled to an interest in the property, including title and possession. Pleading a title interest in the property would stay the wrongful detainer action. But, to accomplish this, you will need an attorney -- it's simply too complex for me to help you on line.

I suggest that if you wish to remain in the premises beyond May 30, that you get an attorney. This is not to say that you could appear at the hearing and that after showing the judge all of your receipts and checks that the judge might not stay or dismiss the wrongful detainer action on the court's own motion, citing grounds that this is a partnership and that you have a right to remain until the partnership is dissolved.

But, I sure wouldn't count on this happening without a lawyer helping you. If you are still confused after this post, then it's time to get some legal representation.