Thursday, January 22, 2009

Wednesday

Note: I wrote this entry yesterday, but posted another entry instead on here, and this one on my other blog. I have even more stuff on Mary that is priceless - will be working on that entry after posting this one.

Another busy day. All the way up until time to leave. I like work like that.

Now, onto the juicy stuff. Not really much. I called the process server this morning because they didn’t come last night - before I went to bed anyway. Which was 9:00 pm. He told me she had been served. But not directly. He came to the gate, said there was a lock on it and though he could have undone the lock (I left the lock on but not locked) - that apparently wouldn’t be legal, or “peaceable” so he folded up the complaint and set it in the gate itself.

Now, somebody got it. It wasn’t there when I went to bed last night - I checked the gate in case that was what they were going to do. Plus, I left the lock unlocked on purpose. This morning, the lock was locked and there was definitely no papers laying around anywhere, so either Ken or Mary took them. Since Ken already knows what I’m doing, if he saw them there, he wouldn’t have taken them. They aren’t laying on the counter. Therefore, I assume Mary got the papers.

Regardless, they are sending her a letter which probably will get here tomorrow - a certified letter.

There isn’t anything juicy because I haven’t seen Mary since this occured. I really don’t believe she thought I would file the papers because she knows my financial situation. It costs money to do all of this. She knows I have limited finances. I believe she figured I just couldn’t afford to do it. Oh, Contraire, my zeppelooondon. Lol. I couldn’t write in French anymore than I can write in Chinese.

The point? I can’t afford NOT to! So, she probably will be coming back later on - we’ll see what plays out. My guess: nothing. She’ll say nothing and I’m definitely not talking to her unless she has past-due rent money plus late charges plus court fees plus the server cost. Where will I get the other $104 to get the Writ of Restitution if I get a judgment against her? Dunno, but you can’t even apply for it until 5 days have passed from the day of the judgement. The 6th day, you can file. That would be, assuming I win in court. That’s 12 days from now. Hmph. It will be close to mid February before she’s forced out of here.

Look, I’m bracing for the worse-case scenario: she shows up to court with a lawyer. I’m getting all of her handwritten statements about how she knows she owes me the money - yada yada yada - to prove my stance and point. I have enough statements from her - written by her own hand - to prove that she owes me the money. I have pics of the door of the room she has taken over, but I am giving her a 2 day notice and am going into both rooms to take pics of the fact that she is occupying fully 2 rooms in my house. I don’t CARE if she likes it or not. I have the legal right to inspect any tenant’s room if I give the required notices - I will put a notice on each door.

BTW, if anyone has any thoughts that jump to mind like a light-bulb going on - please feel free to share.

Right now, I just finished a post about the other tenant and posted it on Blogspot. Gonna give that post a while - like maybe til’ tomorrow - to get some views and potential responses.

Right now? I’m done with the Mary report because I don’t want - NEWS ALERT - I just remembered that a little while ago, I was in my email and saw one from Mary. It was excoriating, riddled with more lies than blades of grass in a lawn, full of threats. I wrote her back and said “see you in court”.

I decided that, if she presents these emails in court, I would write up another reply. This one basically stated that I do not want her living here anymore, if she just hands over the keys to the place I will forgive the debt, she can go her merry way. I even offered her up to a month to get her things out of here - providing she moves all of it to one room. I then spoke that going to court is a pain, that we could part ways amenably.

I’m going to say right now that if, somehow, I lose in court, I will be giving her the 30-day notice to move out. I don’t need a reason - it says so right in the AZ statutes. You can get rid of a person by simply giving them enough time to find a new place. It has to be a full month, and has to be so that the person has 30 full days before the beginning of the next month. If not, then you give the 30 day notice and they have until the beginning of the next month beyond that.

I’ve had enough. I’m still ignoring the news as the stuff on Obama and locally the Cardinals is more than I am willing to bear.

Have a great evening!

ben

4 comments:

Anonymous said...

This comment relates to the post above this one, because for some reason I cannot type in the field on that one.

I am impressed by the info you can get off the internet about court stuff and laws and such. The info on Mary should not be a surprise to anybody who reads here, least of all to you. I agree, it is a good idea to do that check BEFORE the next tenant takes up residence in Ben Towers.

becomingkate said...

Yikes. The Mary saga could turn into a book!

Anonymous said...

It already has doncha know.

Anonymous said...

Yes, indeedy - Ben Towers. Has a ring to it. I did do a check - I think I muddled that when I wrote it in that entry - on the newer tenant. There is nothing on him that I could find. I haven't had any real problems with him besides the food issue, anyway.

Kate - yeah, well, I'm hoping to put the final chapter to it soon enough.
ben

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