Need help!!!! Creditor harrassment

[peculiar]

I have a creditor that has taken action against me that is causing me to not be able to stay in my home by physically cutting my water lines in a shared well arrangement where we both are equal owners in the shared well. I have the creditor on video tape saying the reason he is taking action is because of the outstanding debt prior to filing.

His acts has been brazen and without total regard for the law. This include an existing Superior Court order in affect specifically saying not to touch the water supply.

My question is how do I get a judge to order an immediate halt to the action and restore the vandalized (in my opinion) equipment? What type of motion do I file? How do I get it looked at immediately as opposed to waiting for a hearing date? And finally, is it possible to get an order to get the service restored right away, but not go down the route of suing the creditor for the violation until I'm able to afford an attorney to sue him to the full extent of the law as well as full financial compensation. My concern is if I go to the judge with the evidence...I might not be prepared (in that I'm not a lawer) to present my case right away to maximize my potential financial reward. I am in Phoenix,AZ

[tobee43]

first i would call the police and file a complete ...you will be in good shape if you have it all on video tape. also if the action is effecting your health, i'm certain they will move as soon as possible, because i would also call the town, the country and the state for them cutting off a life line such as water.

unfortunately, and most likely the police can not force them into fixing it, however, you can file the complaint in most cases then go to court and the judge will execute the order if you win that they will have to turn back on the water and hopefully you can also ask for damages.


don't forget to mitigate you damages by purchasing water and attempting to resolve the problem the best way you can, that way the judge will see you tried your best, your out money for buying water that you shouldn't have etc.

best of luck to you and so sorry!

[peculiar]

among the brazen acts are:

Perjuring himself by stating false facts as a reason to obtain an injunction against harrassment...then using that injunction as a means to keep me away from the well equipment while he cut and cap my pipes.
,
Being told directly by a superior court judge not do interferr with the water supply (in court yesterday) but went ahead and did it anyway.

Saying that the bk judge gave him permission to do so (as part of a very loose interpretation of the 21 day utility disconnection laws..where the creditor is saying he is a utility and after 21 days he can legally disconnect)

and a few other things...but you get idea.

Thanks

[peculiar]

Thanks tobe...we are serviced by the sheriff department. I showed them the certified and seal stamp court order saying the creditor can not touch the water. The creditor showed the sheriff the minutes from an earlier hearing (when the judge said at the very least since it was within 21 days at the time...the creditor most restore the water regardless of anything else..and left it at that) The Sheriff took the "minutes" note as some type of order. I could not convince the Sheriff that it was not an order and to stop the creditor. I believe the sheriff acted improperly ( I called a supervisor as well)...so I'm also checking separately my rights in that as well.

[tobee43]

it sounds like your on the right track to get this resolve, however, it doesn't make the situation any less painful

[LadyInTheRed]

peculiar, to get immediate action in court you need to file what is called an ex parte petition. I'm not sure what you should call the petition. Maybe an ex parte petition to compel compliance with court order? This is hopefully a situation where a judge will give some leeway to a pro se litigant. Check your local rules for procedures on how to file an ex parte petition and serve proper notice. Or call the court clerk. The judge will not be happy that this guy ignored yesterday's order. You should try to get in front of him as soon as you can.

[tobee43]

really?? do that do that in calif. for these types of situations? i only, while not exclusive used, however what i recall, is, or was ex parte petitions being used in cases dealing mostly with children? child(ren)'s safety is in immediate danger, a parent threatens to flee the jurisdiction with the child(ren), to transfer marital assets, or to take actions which will cause immediate or irreparable injury to you, your child(ren) or your property etc. i guess i'm a bit confused as i thought ex parte meant without parent or i guess in some cases without the other party. i must be totally off the wall!! i also thought they were not permanent, but maybe good only up to 20 days? (that's a question)

but i also think i remember ( if i can pull the cobwebs aside in the old brain), in legal terms, ex parte means that one party presents a motion or legal action without the other party having representation or notice; right? maybe, i guess that occasionally in the law you can get temporary relief from the court without notice to the other party, but this person sounds like they would just turn the water off again.

i suppose one can view irreparable injury to one's property in this case when ones water is cut off if that's the basis of the motion?

or the other times i recall them being used some criminal cases. lady how would it be applicable to this situation? since an ex parte motion asks for a court order before the other party has an opportunity to be heard on one's request, i'm just wondering since the other party really already knows about the situation and i thought these types of motions were limited to certain circumstances?

[LadyInTheRed]

Ex Parte is Latin for "By or for one party' or 'by one side.' Ex Parte petitions are used when there is an urgent matter that requires immediate court intervention. They are sometimes heard without notice, but court rules may also require that you give notice by telephone the day before you come into court.

[SweetGeorgia]

If a judge told him directly in court not to cut off the water, and he went and did it anyway, then he is in contempt of court. The judge needs to know about that - judges don't like such flagrant disregard for their orders.

You can write something simple and get it to the judge or his clerk. Deliver it to the judge's office yourself or look online and find the judge's fax number. Include your address, phone number, etc. as well as those of the jerk who cut off the water. Mention that you are mailing a copy to the creditor, and do that.

Don't worry about the legal terminology; the judge can figure it out. The important parts are (1) the judge told him not to do it, (2) he did it anyway, (3) you need help right now, so (4) can the judge please tell him to restore the water. Do it now while the judge remembers who you are.

Of course, if you have filed bankruptcy recently then cutting off the water is also a violation of the automatic stay. If your superior court judge doesn't get this fixed, you can send your letter to the bankruptcy court (judge and trustee) and ask for their immediate help.

Did he actually go to the bankruptcy court and get permission? It sounds like he didn't and he's just assuming he doesn't need to. Because I agree with you that the utility exemption shouldn't apply here, not if you own the well in part. If you do wind up going to the bankruptcy court, I'd call it a property right. An asset of the estate, even. What this creditor has done is more like foreclosure or self-help (extralegal) eviction than utility disconnection. IOW, something he would need to ask the BK court for permission to do.

I'm not a lawyer and especially not an Arizona lawyer! Just trying to point you in a direction you could research. Good luck!

[tobee43]

If a judge told him directly in court not to cut off the water, and he went and did it anyway, then he is in contempt of court. The judge needs to know about that - judges don't like such flagrant disregard for their orders.

You can write something simple and get it to the judge or his clerk. Deliver it to the judge's office yourself or look online and find the judge's fax number. Include your address, phone number, etc. as well as those of the jerk who cut off the water. Mention that you are mailing a copy to the creditor, and do that.

Don't worry about the legal terminology; the judge can figure it out. The important parts are (1) the judge told him not to do it, (2) he did it anyway, (3) you need help right now, so (4) can the judge please tell him to restore the water. Do it now while the judge remembers who you are.

Of course, if you have filed bankruptcy recently then cutting off the water is also a violation of the automatic stay. If your superior court judge doesn't get this fixed, you can send your letter to the bankruptcy court (judge and trustee) and ask for their immediate help.

Did he actually go to the bankruptcy court and get permission? It sounds like he didn't and he's just assuming he doesn't need to. Because I agree with you that the utility exemption shouldn't apply here, not if you own the well in part. If you do wind up going to the bankruptcy court, I'd call it a property right. An asset of the estate, even. What this creditor has done is more like foreclosure or self-help (extralegal) eviction than utility disconnection. IOW, something he would need to ask the BK court for permission to do.

I'm not a lawyer and especially not an Arizona lawyer! Just trying to point you in a direction you could research. Good luck!

perfect advise! or, i would go to legal aid and see if someone could help me if it's going to be more complicated.