Friday, September 23, 2011

Sheriff coming to evict, but the person listed as plantiff/owner does not own property anymore?

The person listed as the plaintiff/owner of this property in a UD case that got a default judgment because he never served us papers, has the sheriff coming in 5 days. He got the judgment either a few days before or possibly more likely after escrow closed and property transferred to new owners



The new owners state they know nothing of this and will not be apart of it

So when the sheriff shows up to evict me, I will show him dated papers that the property was sold and to whom. There also SHOULD be a rep on site from the new owners that will state the plaintiff listed is no longer the owner. I cant see how the sheriff can let the non-owner change locks on an apartment he doesn't own.

That should work correct?

Is there anything else I can say/do/have to help?


Sheriff coming to evict, but the person listed as plantiff/owner does not own property anymore?
You have it covered. The original plaintiff has no standing

And don't wait for the Sheriff to come out. Call his office, perhaps fax the information over.
Sheriff coming to evict, but the person listed as plantiff/owner does not own property anymore?
that's all well and good except for ONE thing.... the new owner is not legally bound to abide by any lease agreement you might have been under or ANY kind of rental agreement by the original owner and can, therefore evict you for ANY reason - - simply because he is the new owner of the building.... this is true because it happened to me once. my duplex was sold and I was told by original owner that I could stay... new owner took possession and wanted me out to rent my half of the house to a family member of his own... and legally I had no recourse and had to vacate... so you may not get to stay no matter what you do...
My goal is not to stay, I planned on moving anyway. But not in 5 days. 2 of which are now gone. I cant uproot in 5 days with no place to go yet!
No matter what the outcome, you must be given 15 to 30 days to find a new place of residence. You seem to be a victim here so you have rights. I would think of suing the %26quot;Default Owner%26quot; of any moving and hardship costs. I would contact your county court house and ask about options you may have on this matter.
All wrong!

You go to the court house.

Go before the same judge.

Have it set aside.

The sheriff must follow an order from the court.