Mike CHS
Herd Master
Let us know what's going on whenever you get a chance. We know it's not a fun time for you.
CntryBoy777 - The Lazy A** Acres Adventures
- Thread starter CntryBoy777
- Start date
Baymule
Herd Master
Do check in from time to time and let us know what is going on.
Bruce
Herd Master
I'm surprised the court won't grant a stay on the eviction based on the pending case. Doesn't seem right that someone who may not actually have clear title to the property can kick you off.
greybeard
Herd Master
DON'T DO THIS!!
You'll find yourself out chasing cars, sniffing people where they would rather not be sniffed at and licking parts of your own body that shouldn't be.......
Bruce
Herd Master
I'd bet Fred would have a tough time with that last one.
RollingAcres
Herd Master
That just stinks. Good luck with everything and let us know what's going on when you can.
Baymule
Herd Master
greybeard
Herd Master
Operative words are "may not" but again, it was clear to the court judge that she has 'something' to indicate she has title.. otherwise, Fred would not have ever been served the original summons or been ordered by the court to vacate.
And "the court" ? .. Which court (judge) ?
The one that has already ruled Fred must vacate? Not likely. That judge has already seen whatever there is to see except what Fred & his attorney may have obtained and assembled in the interim, and it would mean that same judge would have to overrule his own directive.
A new/different judge, should Fred's attorney formerly request a postponement or extension on the vacate order might order that, but it would be over-ruling the original judge and judges are hesitant to do so without cause or precedent. I doubt any other judge is yet up to speed on this, probably hasn't even read a single brief (assuming any have been filed on Fred's behalf) and probably has not seen any evidence and most certainly has not heard any testimony from any witnesses.
I would suggest Fred ask his attorney to immediately file for a writ to prevent sale of the property or demolition of any structures on the property until after the whole mess is sorted out when it goes to court again......otherwise, even if Fred wins, he may not have a home to return to.
Whoever has the best legal team and the best documentation is going to win this and hopefully, it doesn't drag out so long that the only winners are the lawyers, and remember, the loser in most civil cases has to pay court costs and in many instances, the legal costs of the prevailing (winning) party.
The fly in the buttermilk here is the trust. Unless Miss. has some oddball law, the trust has to be first nullified for the estate to actually enter probate. The onus is on Fred and his attorney to prove it invalid, not the other way around.
Pastor Dave
Herd Master
Pretty much sucks
Bruce
Herd Master
Court costs yes but no legal fees in VT. AH self representing lawyer wanted to make me pay him as much as I paid my lawyers (to lose!) as representative of what his fees would have been if he had paid a lawyer. Court turned that down. My lawyer said legal fees are pretty much never granted in VT.
