Effective Dispossessory Action information urgently needed
- Re: "One, Two, Three... Punch" model urgently needed!Could someone help me with specific and result gettingsteps regarding initiating and completing a dispossessoryaction without the use of costly attorneys that rip you off beforeeven starting a case, needing not to do much afterwards? Someattorneys take fees before doing anything and then go fishing.Philosophy: "Why work if you can make money for doing very little?We have a situation of a contracted property tenant whose ploy is tokeep our commercial property tied up, let it go down to nothing, and paynothing. This tenant stopped paying rent a year ago and strategicallyposed as a buyer, inducing the children to contract with him for sale(land contract).In the process he skillfully managed to avoid paying anything for elevenmonths, in spite an existing enforceable lease and after July an executedlease purchase.Initially / two months ago/ he paid one month on the land contract forlease/purchase of the property and has paid nothing else since then.Every one contacted for help is either two expensive to hire intimidated orsays that has a conflict of interest due to his own connections to local politicsand law enforcement.Because of his "position/involvement" in the city politics and government (which includesserving in the city council) he has every one intimidated and is occupying the propertyat no expenses or payment of any of his twice contracted obligations. In other words hetakes a long time to make an agreement and then he sits on it refusing to do anything.ThanksSJ
Well sounds to be that the if the lease is up then boot him. As you may know with contract law that there is a certain time in which an offer and consideration is to be done before the deal is no longer on the table. If he is using this a a methoid to by time then simple withdraw the offer for failing to comply with in a timely manner. (make sure to check state case law on time in which an offer and consideration is to be had general ) As to your damages you will like this if in fact he is failing to comply with his contract he of coarse is in breach. Since he is a government officail misusing his precived power of office to violate a right the best action would be one final regestried letter stated how much he owes or demand to leave, then a Title 42 action sec 1983, combined with the state breach of contract claim, trepass to land tort, and ententional infliction of emotional damage. THe federal court can actaully hear all related causes of actions if related to federal action (public officer misusing his officer to deprive you of your right to property) Also most states actaually have certain statutes that regualte and defined a public officers duty and violation of such is a criminal act file an criminal complaint with the prosecutors office even if they do nothing it still is on the record and is your right (actaully citizens duty in Illinois lol). It also my be wise to file a an writ of repostion, writ of attachment , etc. which the comands sherrif to reclaim your properlty and kick him off. (may be called something different in your state and will need proof of sent letter).
Hope this helps and if interested have packet on Title 42 section 1983 litigation or e packet with states and federal rules, case law, forms, and guidlines on how to file.