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Mary

Use of a garage

6 posts in this topic

I have been storing my stuff in a garage for years now, I pay by doing odd jobs for here.  All my working tools and equipment to maintain my business are in there.  She has locked me out for no apparent reason.  Did the small claims and had her served by the sheriff. She never answered so she did not receive the notice.  They now tell me i have to put an add in the paper.  I am concerned on what happens if she does respond to the add.  How do i then then get into the Garage to get my stuff.

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You might consider hiring a process server to serve the papers.  They are typically more diligent than the sheriff.  If you effect service (whether by personal service or by publication -- which is not as simple as putting an ad in the paper) and the defendant doesn't appear in court, then you may win in court by default.  What will be most important is that the judgment you get state that you are entitled to possession of the property located in a specifically described location.  Then you should be able to have the sheriff bust in so you can get your stuff.  I strongly suggest you consult with a local attorney to make sure you do this right.

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2 hours ago, Mary said:

I have been storing my stuff in a garage for years now

 

Whose garage?

 

2 hours ago, Mary said:

I pay by doing odd jobs for here

 

Odd jobs for who? What was the arrangement? Do you live on the premises.

 

2 hours ago, Mary said:

She has locked me out for no apparent reason. 

 

Nobody does anything for "no apparent reason." What was the relationship between you and this person? What happened between you and this person in the minutes, hours, days, weeks, or months just prior to the lockout?

 

2 hours ago, Mary said:

Did the small claims and had her served by the sheriff. She never answered so she did not receive the notice

 

How did the sheriff serve her? In person or by mail? If the sheriff send it certified mail and it remained unclaimed then I agree that you should hire a private process server.

2 hours ago, Mary said:

How do i then then get into the Garage to get my stuff.

 

Once you get a court order in your favor you get the sheriff or a police officer to go with you to serve the order. If she disobeys the order, depending on how the order reads, she could be arrested or charged with contempt of court.

 

 

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My quick review of the jurisdiction of small claims courts in Wisconsin indicates they do not have jurisdiction of claims for possession of personal property, except in repossession cases.  You may be in the wrong court.

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