I CRIED in front of a Johnson County JUDGE

MANTRA FOR THE MONTH:

The Lord will never give you 

challenges you can't handle!

Surviving the events of the month were made easier by applying this statement. Although there were moments of extreme doubt, with the help of faith, family, friends (and diet coke) victory was achieved.

Owning rental property has always been an adventure for the last 6 years, however, we've been able to benevolently provide a home for some families who've struggled financially. After 1 1/2 years we finally successfully aided a family in getting a place they could afford. It took EVICTING them to do so! Thus, the title of this post.

On Wednesday, April 1, 2009

an eviction letter was delivered to the mailbox of our tenants saying to pay up past rent or vacate. Because of the emotions of this case, I could not even put the letter in the mailbox, however asked our dear neighbor to do it for me. After 3 days, no monies were provided and no house was vacated.

Filing papers at the courthouse is a process in and of itself made easier for me by a dear lawyer friend who also owns property. On first visit to the courthouse while passing through security,  I failed to take out the small, metal manicure kit in my purse and was practically frisked for WEAPONS! Like I'm going to use my emery board as a weapon--maybe the scissors in the kit would inflict a small flesh wound.

Successfully meeting the legal task and getting needed eviction paperwork set me on the next course of action--court hearing in which the PLAINTIFF (ME) and DEFENDANT (TENANT) would show up and ADMIT or DENY the charges. I began the evidence-collection process and discovered that although I THOUGHT I kept good records, they needed to be organized and clearly read for the defendants/judge to understand. (I'll spare the convoluted details of the case for my memory only)

After several visits to the bank, and many hours on EXCEL and WORD, with a BORED Jessie at my side needing and demanding attention, I organized my paperwork. The thought was always in my head that these unwilling tenants would not show up for the hearing 

on Thursday, April 23, 2009

and simply abandon the property and leave their crap behind--I mean treasure! 

Although, if ye are prepared, ye shall not fear-RIGHT!

The Johnson County Court system holds their eviction/Limited Actions hearing on Thursday mornings and in order to educate myself as to the process, my "lawyer/advisor" suggested I sit in on a hearing. I went:

On Thursday, April 16, 2009

I strongly recommend this little field trip to get your heart racing and mind moving--preparing for the legal SCENE!

I carefully applied the details I learned to my case and spent more time preparing. 80 percent of these eviction cases, the defendant (tenant) does not show up, therefore, they are deemed guilty and the paperwork is filed for the sheriff to walk them to the curb in the next 10 days and you re-gain possession of your property.

NO way would my tenants show up--they had not a leg to stand on to argue for what they owed.

At my case hearing (April 23, 2009), GUESS WHAT! Although my tenants did not show up, they had already filed a written DENIAL denying the charges (arguing that they didn't owe the amount stated)!

TRIAL WAS SET FOR A WEEK LATER--MAY 1st! 

It was now 23 days since I asked the tenants to leave.

Possibly time to HIRE a lawyer at $175.00 an hour? 

We were already in the hole--I'll keep the amount to myself and a few others--you could probably figure it out if you know my circle of friends.

After playing phone tag with an eviction lawyer for 4 days and discussing the case with a licensed Kansas lawyer/friend, I determined that I would prepare a time line and other materials and if I felt comfortable, I would try the case myself. On advice from the eviction lawyer, I gave myself until 3 days before the trial to make my FINAL decision to hire a pro or go at it on my own.

Brad was extremely helpful through all this prep work, however, since my name was the ONLY Pro-SE lawyer on the court document, he would not be able to stand in front of the judge and present the evidence. We filed the case with my name only as the Plaintiff, since we couldn't guarantee Brad would be available for future court appearances.

Through all this, I was still a mother to 4 children and it was APRIL--the busiest season for school activities. EVERYONE gives a project or throws a party--right MOMS?!

On Friday, April 24 (1 week before the trial), 

Brandon, my 17-year-old, injured his back in weightlifting at his High School. Assuming it was muscle pain, Brad and I treated it with all our collective experience, he as a doctor and me as a survivor of an 8-month-herniated disc experience. After 4 days of suffering and 2 visits to a dear chiropractor who suggested we get an X-ray, we learned that Brandon had a broken bone in his upper back: T-I!!!!!!!!!!!!!  (the tip of the spinal process had snapped off - no risk of injury to the deeply protected spinal cord).

My first mental break-down concerning this news was at our bank where I was seeking records for the eviction trial! "GET it together-you can do this" was what I told myself after crying in front of total strangers.

Brandon appears with Danny Machino, also injured with a second torn ACL surgery and healing!  The crippled "brothers" had big plans for the summer--changed in a split second!!!!!!!!!!!

Brad and I went into HYPER nurse mode with Brandon, treating the injury seriously and with conviction of a good end result. Therapy is about the same as a muscle pull - rest, anti-inflammatory meds, heat and cold. Healing takes longer than muscle injury, though.  Unable to attend school because pain while upright, I set up an appointment with the school counselor and assistant principal to inform Brandon's teachers of his injury. (Brandon still attended early morning seminary to secure his 100 percent attendance--CRAZY TEENS!) Even though it was 6 AM, it was good for his psyche to see his friends; as anyone knows with a long-term injury, support of friends is vital.

As a result of this injury, I was not able to get with the licensed, eviction lawyer in time for her to present my case.

The morning of Friday, May 1, 

I put on my best "lawyer-ly" looking black suit (recently purchased on a shopping spree with my sister, Tanya) and collected my mountain of "organized" documents and Brad and I headed to court, still not knowing whether the defendant would show up. A prayer on the car-ride helped to calm my nerves, settle my mind and invite anyone willing to help come along for the ride!!!!!!

The defendants showed up all right--ALL 4 of them--the wife VERY pregnant, the husband, and their 2 young boys!  Bring on the guilt for kicking a pregnant women to the curb, despite the fact they were more than 4 months overdue with rent and had been encouraged months and months ago to look for someplace more affordable!!!!!!!

I took to the podium as the judge ordered and began presenting the timeline that led to this trial. After giving my accounting ledger to the defendant and judge, the troubles began when the judge boldly stated, "WHAT IS THIS?"  Dumbfounded, I responded it was my ledger. 

"NO," issued the judge. "If you are going to present this case, you need to use legal terms and present the evidence appropriately."

"What the  $&^%$   now," I screamed inside my head. My mind froze and I could not process what he meant. On sound advice from my lawyer friend given earlier in the week, I paused and asked the judge if I could take a moment to collect my thoughts.

I turned to the table and sat down, screaming to myself to RUN like the wind and get out of this courtroom. This judge HATES me and thinks I'm wasting his precious time in courtroom and why did this stupid lady dress like a lawyer, but have NO skills or knowledge of how to present the case. Tears streamed from my face and the stress of the week overtook my better judgement. 

A voice told me the only way out of this situation was to get up and face the judge and present the evidence carefully and clearly even though I did not know the "Legal" jargon.

"I CAN DO THIS," I whispered out loud as I stood and looked the judge in the eye. Condescendingly, the judge explained, "Remember in 3rd grade English when your teacher told you to write using the 5 "W's"--Who, What, Why, Where, When."

"GOT IT."  My clear mind returned!

Skipping over the mound of documents I had, Brad supplied much needed clarity to the case, even though the judge yelled at him for supplying information.  "SIR, are you a LAWYER,"  

"NO."  stated Brad.

"Then you can't assist - you're taking up the court's time."

Of course I knew we were in over our heads, but nevertheless, we proceeded. 

Sitting down after presenting all I had was the best reward of the hour. "This is almost over," ran through my mind. I was then invited by the judge to sit in the WITNESS chair to be cross-examined and face the defendant eye-to-eye!  

""What the  $&^%$!"  The defendant did not have to face me eye-to-eye!  Why was I being tortured so much in this case. I had done nothing wrong, except let people live in our rental property that couldn't afford it!

I didn't take any documents with me because I did not know I could. Avoidance of a verbal beating by the judge was something I learned early in this experience.

The defendant began his questions and did not even have the document he was asking about. I had the document, but did not know if I could give it to the judge while sitting in the witness stand. I was so flustered by this moment--was I a witness or the lawyer defending my case!!!!!!!!

The judge did take the document in question from me and because of my careful paperwork and documentation in this case, it actually proved how much the defendants owed us and worked in our favor.

I was excused from the stand and then asked to give closing argument! 

"Are you kidding me. I didn't get this far in my prep work."  Remember I ALMOST hired that lawyer!  Sick of looking flustered and unprepared, I went to the stand. After Brad slipped me a document stating the FINAL amount owed and asking for possession of the house, I quickly stated the amount to the judge and sat down.

During the defendant's closing remarks, he apologized for being so late with all the rent and for this unfortunate situation. He thanked us for being so patient with his family. 

(OH YEAH--MY SON BROKE HIS NECK AND IS IN SEVERE PAIN AND FACING AN UNKNOWN FUTURE AND I'M STANDING HERE BEING BERATED BY A JUDGE INSTEAD OF SPENDING TIME WITH MY SON)

After stating that the documents I presented were confusing at best, the judge finally awarded us what were were asking and issued possession of the house in 10 days.

WE DID IT!  CASE CLOSED.

Not really, we still have to clean up the property, find and approve new tenants, and take care of an injured junior in high school!

OH YEAH--Now we get to try and collect the money we are LEGALLY owed!

Ask me later my LIFE LESSONS learned from this experience.