ALABAMA EVICTION BATTLE INTENSIFIES-BRINGING OUT REINFORCEMENT-NEW STRATEGY (312 hits)
A line has been drawn in the sand. Our eviction was the last straw, to use a proverbial saying. Tenants: Poor,economically disadvantaged, too, formerly , mainly minorities but increasingly, more and more middle class as the recession continues to tighten its grip on the wallets of citizens in our community.
The weakest among this landlor's target of prey became the seniors, disabled, those on limited or fixed income with children for whom parents received aid, subsidized housing as section 8 HUD housing. Who simply had no idea how to confront a bullying, intimidating landlord, simply defaulted and literally, walked away from. Sometime the dwelling had been their home of many years. In other instances the tenants were so terrorized by the illegal eviction actions, good, useable furnishings were left behind in wake of their flight.
They were afraid to lift a finger, utter a word in defiance. Sounds familiar to anyone? I am notaware of the various situations. I do know the FAIR LANDLORD TENANT ACT OF 2009, signed by the President May 20th checked this sort of hasty exit from homes. This true in foreclosures as well as renters and the property had defaulted and the BANK wanted occcupants out-sometime in 72 hours! This kind of situation is now contrary to law-p.l. 111-22.
Having left your goods behind with 'our' landlord, SOL! Even if the appliances say, were rented-an AARON'S or RENT-A-CENTER. This happened with one of our tenant association members, until the sheriff was dispatched to his storage building. But what about our denied appeal request. And I admit. It took a little steam out of us but only for a short time. Time enough for us to determine to be doggedly tough.
So really, is there ever a time when you can tell a judge what he can do with his denial ORDER ? Respectfully, of course. OF COURSE! Lawyers do it all the time. But this technique we employed is not used so much. So, next installment of this saga will be how we used what can be an effective tool at times and it is called an AyICUS CURIAE. And we included it (the idea) in our motion to VACATE (set aside his ORDER), meaning you have got to hear us again! we have new and material evidence, more case law examples-particular to our case.
I KNEW I COULD ALWAYS COUNT ON YOU, RICKEY! MUCH NEEDED RESEARCH VERY HELPFUL, TOO. SEEMS LIKE I MUST GO ALL THE WAY. NICE TO KNOW YOU ARE 'THERE'!
Wednesday, December 23rd 2009 at 7:23AM
Bill Cooper
