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Unfair treatment by courts and law enforcement


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#1 Tinker62

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Posted 12 December 2012 - 06:58 AM

I am not very good at writing what is on my mind and have tried to keep it as short as possible but what should i do about the following situation,

On November 26, 2012 my wife and I came home after a weekend of selling at a local flea

market. Everything seemed fine until our landlord whom we rented a section of his house

from started playing music very loud. I went to his section of the house and asked if they

could turn the music down since my 7 year old son was trying to sleep. Him and his friends

who were there at the time turned the music up instead. I called the police and reported

them for this. After the police left He and girlfriend and other friends confronted us about

calling the police, wanting to know what our problem was. I told them they were disturbing

my sons sleep as well as keeping my wife from being able to sleep as well. They responded

by forcing thier way into our room and his girlfriend assulted my wife. I called the police back

out for threatening us. When the police arrived they lied to them and said that I assulted

them by pointing a gun at them. After the police talked to them and us as well they

determined they were not being truthfull and told them that if they wanted us to move that

they would have to go and take out eviction papers on us. The next day he and his girlfriend

went to the court house and lied to the courts and filed for a restraining order

against us requesting we be removed from the residence claiming we were members of the

household.

At about 6:30 that evening the sherriffs deputys came and did remove us giving us 15minutes

to gather what clothing and toiletries we could gather. They took my firearms into custody

and made us leave our rooms unlocked and returned they keys to them. They told him that

it would be in thier best interest to stay out of those rooms and not to touch our belongings

until we went to court or they could be held accountable for them to which he stated he

understood. The following sunday December 2, I found his girlfriends uncle selling our

personal property at the same flea market where we sell at. I called the police out to that

location and informed them about them selling our property. The police refused to

investigate saying he claimed to have purchased them from someone at another flea market

and that as far as they were concerned they were his items to sell. We went to court the

following morning and all charges against us were dismissed because they refused to show

up and testify against us. When we asked the judge about retrieving our belongings even the

ones we found for sale he told us we were free to do so but the items taken and sold were

not a matter for that court and that we would have to sue him in civil court. After talking

to the county magistrate I was told that what they had done was a called obtaining under

false pretense and was a felony, but I could not bring those charges against them as a private

citizen, and only after a police investigation could they be charged. The problem is that no

law inforcement agency (and I have spoken to all of them) from the local police to the FBI will

start an investigation or do anything about it. Now after being unemployed for the last 3

years my family and i are homeless after this unlawfull eviction, everything that we had

left in the world has been stolen from us and the only thing that anyone will say to us

is hire a lawyer, go pay the proper fees, sue them in civil court and hope for the best. At this

point I am at my wits end about what to do about this situation since I cannot afford to hire

any attorneys nor can I afford to pay any of the fees associated with filing a lawsuit in civil

court. We are currently staying with friends in thier basement thanks to thier kindness and

generosity, but we are not sure how long that is going to last being the christmas season and

the fact that being here is disrupting thier lives and household.

#2 Guest_FindLaw_Amir_*

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Posted 12 December 2012 - 12:19 PM

What state is this concerning and what would you like done about this matter?

#3 Tinker62

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Posted 12 December 2012 - 12:39 PM

We are in North Carolina, and i would like to see them investigated and charged with obtaining under false pretence if that is at all possible, would also like to sue them in civil court for our lost property and an unlawfull eviction. I am not sure if I can file suit against anyone else or any of the agencies involved, but I would like to know what my options are.

#4 Tax_Counsel

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Posted 16 December 2012 - 02:16 AM

What it comes down to is this: as far as criminal charges go, all you can do is file a complaint with the relevant law enforcement agency. Nothing you described here is a federal offense, so no federal agency (e.g. FBI) can do anything about this. Instead, your local police or sheriff would be the proper agency for this. If the local police and prosecutor decline to pursue the matter for whatever reason, there is nothing you can do to force them to pursue it.

That leaves you with the civil remedy of suing for the return of your stuff or for a money judgment for the value of the stuff taken. If the value of what was taken is under North Carolina’s small claims court limit $5,000, you may do that yourself without the need for an attorney. If you are unwilling/unable to sue these people, then there isn’t anything the law can do for you here.

#5 Tinker62

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Posted 17 December 2012 - 06:39 AM

I would like to thank you for taking the time to read and post your answers.




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