RPA Tenant Rights Blog » Landlord Problems, Legal Questions, Renter Q & A » This isn\’t right! There

This isn\’t right! There

By dana

When can my landlord remove my items after eviction in New Mexico? The sheriff told me 3 days not including weekends and that this Monday (2-4-13)would be the last day to remove my stuff. I was served the eviction on wed (1-30-13). I called her yesterday to make an appointment for Monday  an she called me back today saying she started removing my things yesterday and that I have to pay some person 40$ an hour to watch me remove my things!!! This is not rite! And no one can give me a straight answer!
Here’s a bit more on the background I got the 3 day notice fri 1-4-13. I wasnt a me to pay within that time frame. So I spoke with her in 1-15-13 after I received a summons and notice of trial for 1-24-13.  She stated that if I paid my rent within a day,  and made sure that feb even was available on the first , she would have the case dismissed. So I had a cashier check dropped off on 1-16-13. How ever I was arrested on 1-19 and released on 1-24 so i was unable to go to court but figured since I paid it would have been dismissed. Then Monday 1-28 I get a judgement and the order for the writ of restitution effective 1-28 in the mail.  That gave me no time to file an appeal which if I understand- grants a stay , as long and the judgment amount is placed into an escrow account within 5 days. So I need help do I have a counter claim? This can’t be fair – I’ve lost my home and now I’m loosing my personal things too.. BTW I reside in Albuquerque  NM. 
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Edited on: Monday, February 4th, 2013 12:02 am
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One Response to “This isn\’t right! There”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Maria

February 4th, 2013 8:24 pm

Two possibilities: get a lawyer or file for a formal complaint. If you get a lawyer, the decision on your case might be reversed, granted that you have enough proof for your claims. If you do not have the money for a lawyer, you can file for a complaint instead. The RPA can help you with that. Basically, if the complaint will be closed because your landlord didn’t respond, then a negative public image will be sent out and indexed by all search engines.

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