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    Predicament

    Well, life just sucks. I HATE to say it but it really is the truth. Today is my B-day and i do not even feel like celebrating. There is a growing pain in my stomach and with all the stress i believe it must be an ulcer.

    Here is the latest:

    My Mom bought a place two years ago. She inherited two renters that lived in a guest house on the property. The are men in their 40's, both on ssi disbalilty, without any that i can tell physical issues - their problems are that life is devoted to the bottle of booze.

    Well one died after about a year. The other stayed living, paying rent on time, drinking like a crazed lunatic daily. My mom wanted him out, but each time softened up becuase he sdaid he had been there 10 years and had nowhere else to go. Finally she had enough last month when she had to fill the propane 2x in a month becuase he left the stove on. She served him an eviction notice.

    Mid july i spoke with him and asked his plans. He said i guess im gonna be homeless. I said i had rented in the past and if he liked he could look at what i had for him. He agreed and i drove him to my place a few blocks away (his transport is bicycle). He seemed very grateful and accepted. I said it was $480 plus $45 to chip in for utilities, which is fair for my market and includes water/garbage/elec/cable/internet more than fair imo.

    Well yesterday was the day he gets his monthly check and planned to move in. Thsi was of course going against the better judgement of my Mother, but she understands my need for the extra income. So i pull up and open the liftgate of my xterra. After a few minutes he comes out and says "what do you have that open for?" i mentioned i thought he might need some help, but if he's got the move under control - great! He said he had changed his mind and had no intentions of leaving!

    We discussed things for 10 minutes or so in a civil manner. The conversation got heated and i said he had an option for a place to live, but staying here any longer is done - you can leave like a gentleman, or i will throw you out. He was in my face at this point - reaking of alcohol - said if i do that for the rest of my life i better keep a watch behind me. I had lost my cool and as those words echoed i clocked him as hard as i could with a solid right. He was stunned, not knocked out - Then smiled and said thank you.

    Minutes later the police had arrived. I was not sure who called, my mom or him as they were both on the phone. We spoke with them about his unwillingness to leave, they mentioned proper proceedings and it could take a while and will cost some money.

    He then came out and asked op speak with one of the officers privately, after 10 minutes the officer came out and asked for my ID. He said he could bring me to jail - but will just write a ticket. I think the charge is assualt. My mom told me she had been calling to me the whole time i was talking with him - that i did exactly what he wanted!

    The crazy part is the court date is set the same day as my 341. I do not know what to worry about more - now i am gonna have not only a BK but a criminal record too!

    I have never felt lower. It felt so good to hit him, but so not worth it.

    #2
    Originally posted by InOverHead View Post
    I had lost my cool and as those words echoed i clocked him as hard as i could with a solid right. He was stunned, not knocked out - Then smiled and said thank you.
    And now he owns you............
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

    Comment


      #3
      First, I hate to say it, get a good lawyer for this and claim self-defense...you were scared that he was about to attack YOU and or mom, and make sure you have your "dossier" about him and can document this - your tenant - as a witness - is very...questionable.

      Comment


        #4
        I panicked and lied to the cops - said i did not touch him. I figured alcohol and respectabilty(appearance wise) would sway things in my favor. Officer just said he signed a sworn affidavit.

        Do you think i should come clean and say he threatened me, or stick with the original story?

        I mean if/when it comes before a judge, i wear glasses, am half his weight, look like a fairly normal citizen. This guy stinks of alcohol and looks like a bum. So my word against his, does appearance count with no witness?

        Comment


          #5
          YEs, alas appearances count, background counts...BUT - PLEASE PLEASE PLEASE talk to an atty - do NOT fight this on your own!!!!!! ANd ultimately it will be his word (and your mom's) against his AND of course the cops will be testifying too.

          Comment


            #6
            Hey, thanks for replying. Really, both of you - Means more than you can imagine.

            Funny thing about the atty - here we are on a BK forum - i am completely broke!

            Comment


              #7
              Ain't we all :-) BUT at least you can get maybe a reasonably free-ish consult? Sometimes court systems also have "alternatives" for people...judge may tell you to go to "anger management" - you go, case dismissed. This is something that a local good atty would know about - remember here your goal is to not have a "record." That is your goal!!! Maybe your bk atty could recommend someone :-)

              BEST wishes to you, and do let us know how it turns out. I think in this instance even if you have to pay a little bit for consult, it may be REALLY worth it!

              Comment


                #8
                The only nice thing I can say is Happy Birthday.

                Tell the truth, and stop trying to get away with something because you "look better" than the unruly tenant. He may be an obnoxious drunk, but he's not assaulting people. You can't judge whether or not he is disabled by looking at him, only a Dr can.

                I'm not trying to take the other guy's side in this, he was being a jerk. But you are not playing fair.

                I'm sorry you have both court dates on the same day, one is stressful enough.

                Call your Mom, have dinner with her to celebrate your bday and take your mind off of all this for a bit.

                Good luck.

                Comment


                  #9
                  APL you are quite right - BUT - whether what he did was assault, isn't so clear cut. If the other party was "menacing" that may very well be an extenuating circumstance, and/or whether a reasonable person would have acted reasonably in that instance with doing what OP did...so it may not be as clear cut as that. Again, a good local lawyer should be involved.

                  IF things "went down" exactly as described, it may have even been intentionally provoked...however, to take an atty's point of view perhaps, the veracity of the witness/complainant does count...

                  Indeed, keeping one's cool is always good!

                  Comment


                    #10
                    Yes, he was definitely in my face - nose to nose AND he stunk. The months of hearing my mom complain about him, and teh way he handled my offer to provide a place to stay - then the threat...i reacted. Honestly, i have a lot of anger, but have never been one to fight - i just internalize which isnt good either. He was provoking me, but it was super dumb to hit him.

                    My fear/concern is what i already told the police. Now if i retract that and say i threatened (truth) does that make it worse? No they know lied and will no longer have any benefit of the doubt.

                    Comment


                      #11
                      Originally posted by APL View Post
                      The only nice thing I can say is Happy Birthday.
                      Good luck.
                      Thank You

                      Comment


                        #12
                        Wow, sorry to hear this all happened on your B-day but best wishes for the rest of the day.

                        My brother sorta was in the same situation. Bottom line, he went to court and ended up with a hefty fine. First offense so nothing else happened to him. I don't know how you lying about hitting him will look but my hope for you is that he is drunk that day and does not show up for court and that would be the end of your troubles!

                        Now the other option might be for you to draw this out. You have a right to legal counsel in any court in the US. If you show up and don't have representation, they have to give you time to get some. If you are broke, seek legal aid.

                        Best of luck and try to have a good B_day!
                        Filed CH 7 4/15/11
                        341 5/23/11
                        DISCHARGED & CLOSED ON 7/27/11

                        Comment


                          #13
                          InOverHead, please do not talk to anybody else about what happened until you talk to a criminal defense attorney. If you can't afford an attorney, call the public defender's office. If the police or prosecutor's office contacts you to ask any more questions, tell them you want to talk to an attorney before you discuss the matter further. Remember, you have a right to remain silent. If you give up that right anything you say WILL be held against you (even things you think may be helpful like retracting a previous lie).

                          I have a friend who is a terrible alcoholic. He is now serving a 2 year sentence after his 6th DUI. Fortunately, he hasn't hurt anyone but himself, at least not physically. When he is sober, he will make deals that I am cetain he intends to keep and talk about wanting to get help for his drinking. Sober, he is a wondeful guy with the most positive attitude of anyone I know. But, once he's drunk again, he's a different person who can't be reasoned with. He'll deny things he said while sober. He's either angry at the world or over the top with expressions of love for everybody. He's notorious for losing things when he's drunk and accusing his friends of stealing them. The point I am trying to make is never try to do business or try to talk sense to somebody who is drunk. Wait until they are sober.

                          Now, go try to forget about this for a few hours and enjoy your birthday! It only happens once a year.

                          ETA: I'm guessing you aren't going to renew the offer to rent to this guy. Re the proper procedures for evicting a tenant, I did a quick Google search and found a couple sites you and your mother may find helpful: http://rhol.org/csu/evictions/Florida/FloridaSteps.htm http://www.evict.com/?page=articles_harry#evictissues These are just 2 of many links I got when searching "how to evict a tenant in florida".
                          Last edited by LadyInTheRed; 08-04-2011, 01:53 PM.
                          LadyInTheRed is in the black!
                          Filed Chap 13 April 2010. Discharged May 2015.
                          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                          Comment


                            #14
                            [QUOTE=sunshinepa;535088]

                            ... my hope for you is that he is drunk that day and does not show up for court and that would be the end of your troubles!

                            [QUOTE]

                            Fingers crossed... that would be a wonderful solution to this predicament!

                            Comment


                              #15
                              Originally posted by sunshinepa View Post
                              Wow, sorry to hear this all happened on your B-day but best wishes for the rest of the day.

                              My brother sorta was in the same situation. Bottom line, he went to court and ended up with a hefty fine. First offense so nothing else happened to him. I don't know how you lying about hitting him will look but my hope for you is that he is drunk that day and does not show up for court and that would be the end of your troubles!

                              Now the other option might be for you to draw this out. You have a right to legal counsel in any court in the US. If you show up and don't have representation, they have to give you time to get some. If you are broke, seek legal aid.

                              Best of luck and try to have a good B_day!
                              Thanks sunshine...perfect screenname btw you seem so nice in your posts and well they are always bright and uplifting...very much sunshine!
                              Originally posted by LadyInTheRed View Post
                              InOverHead, please do not talk to anybody else about what happened until you talk to a criminal defense attorney. If you can't afford an attorney, call the public defender's office. If the police or prosecutor's office contacts you to ask any more questions, tell them you want to talk to an attorney before you discuss the matter further. Remember, you have a right to remain silent. If you give up that right anything you say WILL be held against you (even things you think may be helpful like retracting a previous lie).

                              I have a friend who is a terrible alcoholic. He is now serving a 2 year sentence after his 6th DUI. Fortunately, he hasn't hurt anyone but himself, at least not physically. When he is sober, he will make deals that I am cetain he intends to keep and talk about wanting to get help for his drinking. Sober, he is a wondeful guy with the most positive attitude of anyone I know. But, once he's drunk again, he's a different person who can't be reasoned with. He'll deny things he said while sober. He's either angry at the world or over the top with expressions of love for everybody. He's notorious for losing things when he's drunk and accusing his friends of stealing them. The point I am trying to make is never try to do business or try to talk sense to somebody who is drunk. Wait until they are sober.

                              Now, go try to forget about this for a few hours and enjoy your birthday! It only happens once a year.

                              ETA: I'm guessing you aren't going to renew the offer to rent to this guy. Re the proper procedures for evicting a tenant, I did a quick Google search and found a couple sites you and your mother may find helpful: http://rhol.org/csu/evictions/Florida/FloridaSteps.htm http://www.evict.com/?page=articles_harry#evictissues These are just 2 of many links I got when searching "how to evict a tenant in florida".
                              LITR - so knowledgable as always thanks for looking into the laws. I agree about the alcochol and jekyl/hyde disposition and intentions. Someone like this probably best not to malke any dealing with becuase as far as i can tell goes to sleep drunk and wakes up the same way - then starts with a few beers for bkfast and progresses to the hard stuff as the day wears on. The frustrating part of seeing this, aside from watching someone perpetuate their own demise, is that the tax payer pays for his life style - we support his drinking/drug abuse. He sells his food stamps for beer/cigarette money!

                              Fortunately my Sisters X is an atty. He specializes in this type of stuff and i contacted him today and he will help my Mom with the paperwork and the Tenant will be out in two weeks. Meanwhile i will have my mom stay with me, she is worried about this guy damaging her property - but that's replaceable.

                              As for me and my stupidty, i am gonna have to bite the bullet and get an atty. I am just too concerned about having something like this interfere with my future - a BK is bad enough! I looked at the charge when i got home today and it's listed as "simple battery".

                              I will have to find a way to reschedule the court date, one is at 8:30 and the other 9:30 both different locations. I wonder if i bring my BK papers, showing obvious insolvency, if trhe courts would at least waive the fines?

                              As for renewing the rent offer...crazy thought. As much as the $$ would make a difference in my head start after BK - not a chance. I should have listened to my Mom in the first place, she wanted him out from day 1.

                              Comment

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