QUESTION
What can we do about a judgement against someone who stole our home if he still lives there?
Asked on Jul 24th, 2013 on Estate Planning - California
More details to this question:
I got a judgment against someone who stole our home. He vacated it. It has been 6 months ago that this all happened and he is still living in the property.
9 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Did he vacate it or does he still live there? If he lives there, you will have to file an eviction lawsuit. If he vacated, if he returns, you can have him charged wit trespassing.
Answered on Jul 26th, 2013 at 7:13 AM
3 Awards
Sounds like you need to run an eviction proceeding. If you are unsure of the requirements, you should hire legal counsel. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jul 25th, 2013 at 8:20 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If the judgment has been vacated, it sounds like you pretty much are back to starting over. A lawyer needs to see all the paperwork to determine your next step, if any.
Answered on Jul 25th, 2013 at 8:12 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If the judgment make it clear that the squatter does not own the property, he can be evicted by the true owners.
Answered on Jul 25th, 2013 at 8:09 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This case is likely so fact specific that you cannot win without an attorney.
Answered on Jul 25th, 2013 at 7:50 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need assistance of legal counsel to assist you in the enforcement of the judgment.
Answered on Jul 25th, 2013 at 7:49 PM
Thomas Edward Gates
What do you mean he "vacated it?" Since you have the judgment, you need to do an Unlawful Detainer action. You will get a Writ of Restitution, which the sheriff will execute to return the home to you.
Answered on Jul 25th, 2013 at 10:50 AM
Send the person a letter giving him whatever notice is required by your state's statues to remove himself and his possessions from the property and to return it to you. If he doesn't move by the deadline, petition the local court to restore the property to you. Once you get that order, you can have the local sheriff's department physically remove the person.
Answered on Jul 25th, 2013 at 10:50 AM
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File an eviction. If you have and won, get a writ of possession and have the sheriff remove them.
Answered on Jul 25th, 2013 at 9:53 AM