Got eviction summons, was not even aware I was past due! Advice?

2015-05-07 6:39 pm
So, I wake up today to a court summons for eviction. The summons states that a pay or vacate notice was served on 4/11, but I was home that weekend and received no notice.
Last month I was in and out of the state the whole month dealing with some family stuff, and my 19 year old brother stayed at my place to "help out." I wrote a check for rent and asked my brother to bring it down to the office on the 1st. The exact amount of rent was taken out of my bank account.
After making some phone calls, I'm certain that my brother used my check book and wrote himself a check in the same amount rather than paying my rent. So on top of being evicted, my brother stole almost a grand from me. What a start to a day...

Is there anything that can be done at this point to stop the eviction? Can I speak with my landlord, or is that not allowed since they have filed a lawsuit against me? I was already intending to move out at the end of this month, but I do not want an eviction against me. Also may be worth noting, my kitchen has been without water due to a leak for 2 weeks. They won't fix it, which will make it difficult to wash dishes to pack.....

回答 (3)

2015-05-07 10:23 pm
If the matter already went to court, the the eviction is already on your record.
2015-05-08 11:15 pm
Immediately contact the landlord, pay what you owe and beg them to withdraw the eviction case. That way, the court records show you were served with a summons and complaint, but it was resolved without a court hearing, let alone an adverse judgement on the record.
2015-05-07 8:09 pm
get an attorney. the landlord is fully within her/his rights -- you made your brother your agent to pay the rent when you could have simply mailed it in.

as to the check that cleared the bank -- go to bank and get a copy of it. if, in fact, it isn't one you wrote, take the cop to police department and file theft/identity theft report. then that goes back to bank -- they paid on a forged signature [if what you suspect happened is what happened].

if your brother is willing to steal that much from you, he needs serious help. odds are he's drug [or something] addicted. maybe time down at the courthouse and possible jail will straighten up his act.
參考: grampa

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