Occupied Day 19

Here’s how these things work:

The lawyer sends a letter to the person unlawfully in the property. He gives a specific date to leave by, or be evicted. The person either leaves, or doesn’t.

The “leave by” date can be as soon as five days if the person owes rent, or two weeks, which is considered reasonable by most courts. These times vary according to case specifics.

Then the lawyer (or landlord, but I’m using a lawyer) goes to the General Court and gets an eviction notice. This part gets interesting. If you don’t put an amount of money the person unlawfully in your place needs to pay as damages, you can get caught in something you don’t see coming. This is what happened to me the first time when I filed by myself without legal help.

A person who is evicted by the general court has about 10 days to get out, depending on circumstances. But if they want to appeal in Circuit Court, they can pay the damages and then appeal. So if you don’t put any damages down, they can appeal immediately and those cases can spin for literally months, said the nice lady at the General Court. She’s the one who explained I would need to seek damages. That became a catch-22, but her advice was sound.

So now we go back to court on Monday, and file for a court date to serve a formal eviction. This close to the holidays, we are hoping for before Christmas, but we shall see. Last time I got one within 10 days, which was a pleasant surprise. But because my earlier letter telling the guy to do the work or leave didn’t mention money, the judge ruled that the eviction didn’t match the original letter and shouldn’t have been served. So we had to start over.

Now that it’s all been done with proper legal attention (and fees paid) we go to court pretty close to Christmas, and all being correct he should be out for the New Year.

I have sage waiting to smudge the place. And prayers for new beginnings for all of us.

Honestly, I feel for the guy. He’s blown so many of his chances, and now he’s blowing this. Big time. I would have used the thousand dollars I gave the lawyer to get him into a shelter housing place. But not now. This has to end.

We can talk more about the details later, but that’s the legal skinny at this time.

And the number of people who have contacted my privately, or stopped me in town, and said, “This happened to me/my mother/my son” is astounding. That’s why I am documenting the emotions and activities now, and why I’ll probably pitch this as a book later. It’s a near universal experience: invite somebody in, and they turn out to be the big bad wolf dressed as grandma. Be careful out there. Compassion and carefulness don’t need to be at odds with each other.

Occupied: Day 2

A text arrived from my unwelcome lodger, the day after we went to court. It was somewhat disturbing:

You ready to talk text like an adult.. or you gonna still push the unnecessary drama that’s been going on…just soon as I figure away to get the truck out.. sooner I can get around.. problem is that you don’t keep your word .. you say message when I need help but u don’t reply and you didn’t Helpme as you said

Most of this I’m unable to interpret. Jack and I gave this guy our old truck (the one that came with the property he is now occupying) in late July. Sometime in early September he embedded it in someone’s lawn and went to jail overnight. It was impounded, and when he got it out, it couldn’t be driven.

Since it’s not ours, I am not certain where the truck is in play, but it has been consistently used as a reason he hasn’t done the ten hours per work we set up in our original agreement.

On the “you didn’t help me,” anyone got any ideas? We gave him a truck. We gave him a rent-for-work deal. We gave him food and we babysat his dog. The only thing I can think is in late October he called my phone at 10:58 pm. I tend to turn my phone off when I go to bed. He then called Katie, the woman who introduced me to him, and she went and fetched him from a tense situation involving the police at his girlfriend’s house. They loaded his worldly goods into her vehicle and drove them to The Wilderness (the nickname for our property).

Maybe that’s what he’s referring to, or maybe this is just one more element of the world he occupies in his mind.

It is intriguing to me that so many people find themselves in this situation, an unwanted lodger who refuses to vacate. Virginia is notorious for being friendly to those threatened with eviction, so I’m going to continue documenting this as the journey unfolds. Not every day, but it is so academically interesting. I just wish it weren’t so personal. Stay tuned.