please emergency help needed! small claims eviction.

[Mountain316]

What is the name of your state (only U.S. law)?

Cabarrus County North Carolina

I am due in small claims court this morning and just found this forums and hopefully could get advice asap, which I am greatly appreciative whether It is in time or not, I am gratefull for forums such as this that provides free information, thank you for taking time to help..
Sorry I dont have a lot of time to get into details but basicaly I am going to court to be evicted from my parents house where I took care of my father until he passed almost 2 years ago and have since been taking care of my mother who has dementia, the first court appearance the plantiff had a continuance since he represents my brother and sister who have recently been granted guardianship of my mother and they didn't show up, is it possible to ask for a continuance myself, also due to the fact I recently found out a letter my father and mother wrote befor he passed could be deemed a type of lease, it states I have the right to live in their house for 5 years or untill its necesary for my mother to be put into a home (which cannot be done at this time financially and my brother and sister are not able to move here and take care of her either so it would benefit her greatly since she and I have been together for so long and I could stay and help her) it also stated that while I was taking care of her that would be deemed my room and board each month, plus I would receive living expenses, but I am not worried about that part. anyway, is there anything I should know before going to court, and f that is not granted, can I appeal the ruling if not in my favor? I really just need time to relocate while they figure out what they are going to do about my mom. also they have a lawyer appointed for her estate which they are liquidating I guess, but tat also cannot be done for some time. she also has a ad litem, the only person against my staying is the estate lawyer, the others see it would benifit all.
I hope this makes sense and that someone has time to help.
again thank you all for the help you give others who cannot affor help other wise.
Larry

 

[LdiJ]

What is the name of your state (only U.S. law)?

Cabarrus County North Carolina

I am due in small claims court this morning and just found this forums and hopefully could get advice asap, which I am greatly appreciative whether It is in time or not, I am gratefull for forums such as this that provides free information, thank you for taking time to help..
Sorry I dont have a lot of time to get into details but basicaly I am going to court to be evicted from my parents house where I took care of my father until he passed almost 2 years ago and have since been taking care of my mother who has dementia, the first court appearance the plantiff had a continuance since he represents my brother and sister who have recently been granted guardianship of my mother and they didn't show up, is it possible to ask for a continuance myself, also due to the fact I recently found out a letter my father and mother wrote befor he passed could be deemed a type of lease, it states I have the right to live in their house for 5 years or untill its necesary for my mother to be put into a home (which cannot be done at this time financially and my brother and sister are not able to move here and take care of her either so it would benefit her greatly since she and I have been together for so long and I could stay and help her) it also stated that while I was taking care of her that would be deemed my room and board each month, plus I would receive living expenses, but I am not worried about that part. anyway, is there anything I should know before going to court, and f that is not granted, can I appeal the ruling if not in my favor? I really just need time to relocate while they figure out what they are going to do about my mom. also they have a lawyer appointed for her estate which they are liquidating I guess, but tat also cannot be done for some time. she also has a ad litem, the only person against my staying is the estate lawyer, the others see it would benifit all.
I hope this makes sense and that someone has time to help.
again thank you all for the help you give others who cannot affor help other wise.
Larry

Will the ad litem be there to express his/her opinion?

You need to make the argument that your mother cannot be left alone and cannot care for herself... that if you are removed from the house that she will be left alone.

However, your brother and sister apparently believe that you have been doing something nefarious. Hence their desire to evict you.

 

[Mountain316]

yes

Will the ad litem be there to express his/her opinion?

You need to make the argument that your mother cannot be left alone and cannot care for herself... that if you are removed from the house that she will be left alone.

However, your brother and sister apparently believe that you have been doing something nefarious. Hence their desire to evict you.

actualy only my sister has the desire to evict me, she would love to liquidate all assets therfore plenty money when mom passes.
also, they have been in no hurry to do this, has been about three months since they were appointed gaurdianship, example,if things are so bad, why the continuance in the first place, whynot do this months ago... as I said, only person thinks its a bad idea is the lawyer.
thanks so mush for your help.
how does the appeal work also? do I say I would like one right away, do I stay another ten days if I appeal?

 

[LdiJ]

actualy only my sister has the desire to evict me, she would love to liquidate all assets therfore plenty money when mom passes.
also, they have been in no hurry to do this, has been about three months since they were appointed gaurdianship, example,if things are so bad, why the continuance in the first place, whynot do this months ago... as I said, only person thinks its a bad idea is the lawyer.
thanks so mush for your help.
how does the appeal work also? do I say I would like one right away, do I stay another ten days if I appeal?

If you appeal, you do not leave until the appeal is decided.

 

[Mountain316]

actualy only my sister has the desire to evict me, she would love to liquidate all assets therfore plenty money when mom passes.
also, they have been in no hurry to do this, has been about three months since they were appointed gaurdianship, example,if things are so bad, why the continuance in the first place, whynot do this months ago... as I said, only person thinks its a bad idea is the lawyer.
thanks so mush for your help.
how does the appeal work also? do I say I would like one right away, do I stay another ten days if I appeal?

thank you all for your help, its great to see people help others in this way, especially those who cannot afford attorneys, when the sibling can use the parents estate to hire the best lawyer out there I guess.

 

[HRZ]

That letter might well constitute a lease ....and be sure to keep the original ...and do NOT move without most careful consideration of your appeal options ...and get counsel if at all possible ....

 

[quincy]

What is the name of your state (only U.S. law)?

Cabarrus County North Carolina

I am due in small claims court this morning and just found this forums and hopefully could get advice asap, which I am greatly appreciative whether It is in time or not, I am gratefull for forums such as this that provides free information, thank you for taking time to help..
Sorry I dont have a lot of time to get into details but basicaly I am going to court to be evicted from my parents house where I took care of my father until he passed almost 2 years ago and have since been taking care of my mother who has dementia, the first court appearance the plantiff had a continuance since he represents my brother and sister who have recently been granted guardianship of my mother and they didn't show up, is it possible to ask for a continuance myself, also due to the fact I recently found out a letter my father and mother wrote befor he passed could be deemed a type of lease, it states I have the right to live in their house for 5 years or untill its necesary for my mother to be put into a home (which cannot be done at this time financially and my brother and sister are not able to move here and take care of her either so it would benefit her greatly since she and I have been together for so long and I could stay and help her) it also stated that while I was taking care of her that would be deemed my room and board each month, plus I would receive living expenses, but I am not worried about that part. anyway, is there anything I should know before going to court, and f that is not granted, can I appeal the ruling if not in my favor? I really just need time to relocate while they figure out what they are going to do about my mom. also they have a lawyer appointed for her estate which they are liquidating I guess, but tat also cannot be done for some time. she also has a ad litem, the only person against my staying is the estate lawyer, the others see it would benifit all.
I hope this makes sense and that someone has time to help.
again thank you all for the help you give others who cannot affor help other wise.
Larry

You can appeal the small claims ruling if the decision in court today is not in your favor. Following is a link to the small claims process in North Carolina:

http://www.ncdoj.gov/getdoc/906abea...Guide-to-Small-Claims-Court-Josh-Stein-1.aspx

 

[Mountain316]

how many days?

First, thank you all for the advice, I do really appreciate the help.
They decided no continuance and to evict me, just how does the "ten days to appeal" work, does the day I was in court count for a day, say I go to court on Monday, is the tenth day then on Wednesday? And is there any idea how long before the sheriff comes? 24 hours, maybe 48? I only ask this because I need to leave before they come, no way do I want my mother whom has dementia, to witness the sheriff escorting me off the property. I would rather just let her know I need to leave for a while and be gone before they come and make a scene. The real great thing is, nobody in family is ready to take over care and she has not been approved for a home or any other care, they've putt he cart before the horse so to speak. What's happened to my family.
Anyway, I guess 2 questions;
Just how long after my court date will they likely show up to evict me?
If I were to file an appeal, what happens then, I really have nothing new to show them, One person told me the judge can just deny it when I file it.. no sense wasting the courts time, but say I did file the appeal, how long till we go to court again and can the judge just deny it right away?
Again, thank you all for taking the time to help, I appreciate the help eminsley.

 

[Zigner]

Check here:

https://www.lawhelpnc.org/resource/how-to-appeal-a-magistrates-judgment-for-evic


(You weren't in small claims for an eviction...)

 

[Zigner]

First, thank you all for the advice, I do really appreciate the help.
They decided no continuance and to evict me, just how does the "ten days to appeal" work, does the day I was in court count for a day, say I go to court on Monday, is the tenth day then on Wednesday? And is there any idea how long before the sheriff comes? 24 hours, maybe 48? I only ask this because I need to leave before they come, no way do I want my mother whom has dementia, to witness the sheriff escorting me off the property. I would rather just let her know I need to leave for a while and be gone before they come and make a scene. The real great thing is, nobody in family is ready to take over care and she has not been approved for a home or any other care, they've putt he cart before the horse so to speak. What's happened to my family.
Anyway, I guess 2 questions;
Just how long after my court date will they likely show up to evict me?
If I were to file an appeal, what happens then, I really have nothing new to show them, One person told me the judge can just deny it when I file it.. no sense wasting the courts time, but say I did file the appeal, how long till we go to court again and can the judge just deny it right away?
Again, thank you all for taking the time to help, I appreciate the help eminsley.

The Sheriff can remove you any time from the expiration until 5 days after the expiration.

Check this site out: https://www.lawhelpnc.org/resource/eviction-overview?ref=wUrA9
It likely has answers to all your questions.

Hopefully you have money available for a bond to the court for your rent...

 

[Zigner]

Check this site too: https://www.lawhelpnc.org/resource/eviction-what-tenants-should-know

It says you have 10 days from the day of the hearing, including weekends and holidays, except if the deadline falls on a weekend or holiday, it's extended until the next non-weekend/holiday day. Also, in this type of matter, the clock starts clicking on the day following the hearing.

 

[Mountain316]

Hello again, continued from "emergency help needed"

Now after they ruled to evict me, my ten days are passed and I did not appeal, no reason to tie up court system any more than already is.
They now have decided not to "throw me out" right away as nobody else can really take care of my mother, no body is in the position to move in and take care of her as it is a 24hr a day job (Not a job to me, its my mother and would do anything she needs to help, especially if it means keeping the family promise not to put her into a home) Now apparently there is no big hurry to evict me so they have said they will not be filing what paperwork is left to evict me at this time, but have stated that if they wanted they could throw me out right away.
My question is this, there should be something I can request from the plaintiffs lawyers that states I am legally staying in the house now and that they will give me sufficient time when the need arises for them to evict me completely. I would like to basically cover my rear end so that they cannot one day decide to just try and throw me to the streets without any warning, as I stated, nobody else is willing to do what it takes to care for my mother at home right now and they have not found other suitable arrangements apparently, a home, in home care person, etc...
What basically can I do to make sure when the time comes I have sufficient time to find another living arrangement?

As well I no longer involve myself with the financial end of the care for my mother, one of her appointed guardians now does the shopping etc..
But, I have some issues with it, they are trying to be extremely "cheap" in my opinion, my mother receives a good deal of money monthly and even after bills there is plenty enough money for her to be treated like a queen (like I did when I controlled all apects, she deserves it) or at least better than sitting in front of the tv 4hrs a day and hearing complaints that less than $2.00 a day for two peoples "deserts at night" is a travesty in expenses! as well as allowing her to get her hair done on a weekly or bi-weekly term again.
Is there anything also I can request from their side that at least makes sure she is living and eating above the poverty line they feel is adequate, and that we can also go to the park, store or anywhere she would like, within reason, again instead of sitting on the couch 24hrs a day??
Thank you in advance for any and all help, I am truly thankful, I just want the next weeks/months to be as good as they can while I am still able to provide care for her.