3

1/6/2007 3:30:58 PM

tdub party. We can have a contest to see who can throw the most shit out the door first.

1/6/2007 5:15:54 PM

As someone said their relationship in this matter doesn't apply to jack. And theres no common law marriage in NC. Anyways if her name is not on the lease then she is a "guest" in your home and you could make her pack her shit and make her leave in the middle of the night if you wanted too. Doesn't matter if she's got mail, lived there 6 months or what. Ask her "am I your landlord??" When she says "no" then you are set. Now that's how the law reads however different magistrate's will tell you different things...
Before you start dumpin her shit on the curb I would call the local cops and give them a heads up on what you are doing. IF they agree with you the you are fine but if they tell you "no you need to go file eviction papers on her" and you dump her stuff anyways she could charge you with damage to property on her stuff so be careful.

1/7/2007 9:23:15 AM

^
in my opinion, we should leave interpreting the laws to lawyers and judges, cops seem to misinterpret a little too much...

1/7/2007 4:35:36 PM

Well, cops are supposed to know the law so that they can do their jobs.

Unfortunately, they are usually too dumb to understand it and they fuck shit up for the prosecutors more often than not.

1/7/2007 6:00:33 PM

^if they knew the law, they'd be lawyers.

1/8/2007 1:50:26 AM

If the bitch screwed you over and didn't even give you the courtesy of a reach around.

1/8/2007 3:11:54 AM

Quote :

"in my opinion, we should leave interpreting the laws to lawyers and judges, cops seem to misinterpret a little too much..."

since there aren't any lawyers and judges posting in this thread, i'd say that a cop's interpretation > wolfwebber's interpretation.

1/8/2007 9:53:01 AM

I was simply passing along what judges have already said and if you look back i referred everything back to a magistrate/judge. There's an great link on the website for NC criminal justice academy that goes into more detail but the site appears to be down at the moment.
http://www.jus.state.nc.us/NCJA/mar99.htm
Im just tryin to keep a brother out of jail thats all

[Edited on January 8, 2007 at 11:12 AM. Reason : Didn't mean to seem like an ass]

1/8/2007 10:57:30 AM

^^Fuck that, i wouldnt do a damn thing based on what a cop says, that said i wouldnt do a damn thing based on what a TWW says

talk to a lawyer, pay a lawyer, otherwise this situation probably wont be resolved quickly and painlessly

If this situation being resolved in a timely and non problematic manor is important to you, you wont half ass it when it comes to deciding what is right/wrong on your own and facing the consequences when you ultimately decide wrong, just hire a lawyer or consult one if possible

[Edited on January 8, 2007 at 11:02 AM. Reason : ]

1/8/2007 11:00:33 AM

^^

1) your completely wrong and I can prove it.

We (my mother and I) from 1996-1997 had someone live as a guest as we were told by a police officer in our house. They paid rent (no set amount) just what they could afford. Since they lived there for over 30 days, when we asked them to leave and they refused we called the cops.

The law STATES... if they live there and contribute to the household and in some cases contribution can be considered cooking meals (non monitary), for 30 days or more you must send them an eviction notice and they have 2 weeks to move all of their stuff.

It got to the point that we had to move out of our own house because he became dangerous in our opinion.

So hate to break it to ya DeputyDog, yer wrong on this one. I know from the worst possible situation.

When we came back, windows were broken, doors smashed in, our stuff everywhere. SURE we can sue him... if we can find him. The law protects and forces people to pay when it can FIND THEM.

Knowing what I know now... I would change the locks, drop their shit on the street and tell the officers, no they never paid, they stayed here occassionally but never any set time. This would mean they have to sue you to prove that they did and at the same time you file an eviction notice. How many cases do you know that are solved in 2 weeks?

The law works but in many cases WAY too slow. The absolute worst that can happen to you is that they sue you for 1 months rent and any possible damage to their property. People that don't pay rent or wind up in this situation don't have anything worthwhile anyway.

[Edited on January 8, 2007 at 11:07 AM. Reason : damn poster]

1/8/2007 11:07:17 AM

Quote :

"however different magistrate's will tell you different things..."

I said it goes both ways. Ive had people living in a house for less then two weeks and not paid a damn thing and I Was told to make them leave they would need to be evicted by Wake SO. Another time Ive had someone staying in a house for 6 months, paying bills, buying groceries, receiving mail but because their name wont on the lease they were made to pack their stuff and leave that night. You got shit on in your case and Im sorry to hear that. You said this happened 10 years ago?? Possible the law was different back then and I admit I would have no knowledge of that.

1/8/2007 11:24:29 AM

Get the ex to get a place off TWW classifieds.... I am sure you can find plenty of people looking for subleasers for cheap on here and that will get her out the door.

1/8/2007 11:40:22 AM

Quote :

"since there aren't any lawyers and judges posting in this thread, i'd say that a cop's interpretation > wolfwebber's interpretation."

And my whole point is to get the OP to contact someone who knows for sure, instead of relying on what someone posts - since there are no lawyers or judges in this thread.

1/8/2007 3:03:23 PM