Blough
Aluminum
- Joined
- Aug 19, 2017
- Location
- Akron-Canton
Last Resort to Save my Machine & Tool Collection [Edited]
I thought this would be the appropriate thread since the bulk of my machinery and tooling is antique & irreplaceable. But if not mods can delete it. But the purpose of this thread is to ask for help.
Detailed Story [Re-written for additional detail & explanation of events]
Intro to story, I was renting a house & my last paid month was February. I was not to renew the lease with the former landlord due to the house being sold. I was aware of that and expected to be out of the house by the end of February.
Now for the timeline of events.
01-14-19- The house was sold at a Sheriff's Sale.
02-05-19- Received a handwritten note on the door. The note read "Just wanted to let you know we bought this house for my daughter and grandson to live in. But if you would like to rent it until spring maybe we could work something out. Thanks [Contact number]
02-06-19- The husband and the grandson showed up while I was home, I went out and talked with them. They explained that they were the ones who purchased the house and we discussed possibly renting from a month to month basis to make it easier for me to move all of my belongings. Specifically my machinery. They seemed polite and honest and the conversation stayed friendly. I went on to explain some issues that I was going to bring up to the previous landlord and allowed them to walk around the property. After I went inside and they stayed around for a while looking at the house.
Before the left we made arrangements to meet on the 19th to discuss the terms of renting.
02-08-19- After getting home from work I had a "Notice to Leave Premises" posted on my door. This is when I began searching for an attorney. Especially since they still did not have official ownership of the property yet.
02-19-19- I texted the number (Which turns out to be the wife's phone) explaining I wasnt going to be able to meet up later that evening due to MOT at work. The response said they wanted to meet Saturday.
02-21-19- I received a summons for trial for a "writ of restitution" on March 7th at the municipal court served at my door. This also claimed "damages" of $5,000.
02-22-19- This was when the land was officially transferred to them.
They texted me saying they would be over the next day to measure carpets. I explained that I wasnt comfortable having them in my house on short notice on top of having everything out as I try to pack it up. At this time I was reconsidering renting to them since they already filed legal action. I suggested meeting somewhere other than the house to discuss the rent.
Their response was threatening to break into the house and shoot my dog while I was at work. I was actually having a consultation with an attorney at the time the sent this text, he told me to immediately go to the sheriffs office and file a report. I did so. (It also turned out this attorney couldnt help me due to being in a different county)
In retaliation to me not allowing them in they told me that they were increasing their "damages" claim to $10,000. They are also adding my girlfriend, Leah, to the case. Leah never met them or introduced herself nor was she on the former lease so I am assuming they got her name by going through the mail while I was at work.
At this time I decided not to rent to them. Though I lost a lot of time not packing I planned on explaining that during the trial on the 7th to get some extra time to move out.
03-07-19- During the trial they threw out the "writ of restitution" because they ended up getting a " writ of possession" at the common pleas court, and the sheriff was showing up at my house the next day to change the locks.
03-08-19- While I was at work the sheriff showed up and changed the locks. I no longer had access to my house.
I also contacted the new owners this day requesting to get my belongings. They told me that I was able to show up at 10am on the following Wednesday (three days away from this time) and they will give me two (2) hours to get my things. I explained there was no way I would be able to get everything from the house in that time but they ignored it.
03-09-19- I asked that we reschedule the moving until the weekend and I get more time to move everything. They denied it telling me they were busy.
03-12-19- Attempted to get more time collecting my things, couldnt hire a moving crew due to short notice (rural area). They again said no.
03-13-19- Showed up with as much help as I could get and tried to get as much as I could. I assumed they didnt give me any more time because there were places they had to be and they didnt want me in the house without them there. So a majority of the time we were trying to move everything to the driveway so when they left we could load it up. We explained that was what they were doing and they said okay. Then once 12 came around they told us to get off the property and they called the sheriff. We werent allowed to remove our things from the driveway.
03-15-19- Offered to pay for movers to show up and get everything else out of the house. They ignored me.
03-17-19- Received call from ex neighbor telling me they were loading my things into trucks. I contacted them again asking what was going on. They said they were moving things and I told them they were still my items.
They told me to stop contacting them and they were calling the sheriff for "harassment"
The report said nothing regarding harassment, they claimed I threatened to trespass and break in to the house.
(Keep in mind our whole conversation was over text message, and I never made any threats and was as professional as possible)
03-20-19- I sent a letter the the magistrate requesting my belongings be returned. Trial held May 22nd.
05-22-19- The couple claimed I didnt leave the house until April. Also said that I broke into the house and that was the reason they made the police report (There is no mention of any actual break in on the police report.) Then tried to claim money so they can hire movers and claimed other "damages". They actually received a reward of three months rent because since my belongings were in there I was considered to have residency there.
Current Situation
The only thing I am able to do now would be to take it to the court of common pleas and file a replevin. I know in Ohio no matter what the situation the belongings are still mine unless there is proof that I intended to abandon them. But on multiple occasions I tried to get my belongings back. Ringler v. Sias, 428 NE. 2d 869 (Ohio Ct. App. 1980) The two hours arent consistent with the law either. [Abbe Family Found. & Trust v. Portage City Sheriff, 2006-Ohio-2497.]
I do not want the house or the ability to rent back, I am only focused on getting my things which were said to still be on the property as of this month.
At this time being between jobs and recovering from literally being locked out of my house, I am not in any situation the be able to afford the retainer for an attorney ($2000 in this area). So I am here asking for any assistance with getting legal representation.
I will be sure to keep track of all help and if I am able to get awarded for damages I will return anything given to me.
Hopefully this edit is a bit more clear with the timeline of things, any comments, advice, or donations will be appreciated. If enough support is rallied I will add my paypal info. But for the time being even advice would be worth the post.
Thank you,
I thought this would be the appropriate thread since the bulk of my machinery and tooling is antique & irreplaceable. But if not mods can delete it. But the purpose of this thread is to ask for help.
Detailed Story [Re-written for additional detail & explanation of events]
Intro to story, I was renting a house & my last paid month was February. I was not to renew the lease with the former landlord due to the house being sold. I was aware of that and expected to be out of the house by the end of February.
Now for the timeline of events.
01-14-19- The house was sold at a Sheriff's Sale.
02-05-19- Received a handwritten note on the door. The note read "Just wanted to let you know we bought this house for my daughter and grandson to live in. But if you would like to rent it until spring maybe we could work something out. Thanks [Contact number]
02-06-19- The husband and the grandson showed up while I was home, I went out and talked with them. They explained that they were the ones who purchased the house and we discussed possibly renting from a month to month basis to make it easier for me to move all of my belongings. Specifically my machinery. They seemed polite and honest and the conversation stayed friendly. I went on to explain some issues that I was going to bring up to the previous landlord and allowed them to walk around the property. After I went inside and they stayed around for a while looking at the house.
Before the left we made arrangements to meet on the 19th to discuss the terms of renting.
02-08-19- After getting home from work I had a "Notice to Leave Premises" posted on my door. This is when I began searching for an attorney. Especially since they still did not have official ownership of the property yet.
02-19-19- I texted the number (Which turns out to be the wife's phone) explaining I wasnt going to be able to meet up later that evening due to MOT at work. The response said they wanted to meet Saturday.
02-21-19- I received a summons for trial for a "writ of restitution" on March 7th at the municipal court served at my door. This also claimed "damages" of $5,000.
02-22-19- This was when the land was officially transferred to them.
They texted me saying they would be over the next day to measure carpets. I explained that I wasnt comfortable having them in my house on short notice on top of having everything out as I try to pack it up. At this time I was reconsidering renting to them since they already filed legal action. I suggested meeting somewhere other than the house to discuss the rent.
Their response was threatening to break into the house and shoot my dog while I was at work. I was actually having a consultation with an attorney at the time the sent this text, he told me to immediately go to the sheriffs office and file a report. I did so. (It also turned out this attorney couldnt help me due to being in a different county)
In retaliation to me not allowing them in they told me that they were increasing their "damages" claim to $10,000. They are also adding my girlfriend, Leah, to the case. Leah never met them or introduced herself nor was she on the former lease so I am assuming they got her name by going through the mail while I was at work.
At this time I decided not to rent to them. Though I lost a lot of time not packing I planned on explaining that during the trial on the 7th to get some extra time to move out.
03-07-19- During the trial they threw out the "writ of restitution" because they ended up getting a " writ of possession" at the common pleas court, and the sheriff was showing up at my house the next day to change the locks.
03-08-19- While I was at work the sheriff showed up and changed the locks. I no longer had access to my house.
I also contacted the new owners this day requesting to get my belongings. They told me that I was able to show up at 10am on the following Wednesday (three days away from this time) and they will give me two (2) hours to get my things. I explained there was no way I would be able to get everything from the house in that time but they ignored it.
03-09-19- I asked that we reschedule the moving until the weekend and I get more time to move everything. They denied it telling me they were busy.
03-12-19- Attempted to get more time collecting my things, couldnt hire a moving crew due to short notice (rural area). They again said no.
03-13-19- Showed up with as much help as I could get and tried to get as much as I could. I assumed they didnt give me any more time because there were places they had to be and they didnt want me in the house without them there. So a majority of the time we were trying to move everything to the driveway so when they left we could load it up. We explained that was what they were doing and they said okay. Then once 12 came around they told us to get off the property and they called the sheriff. We werent allowed to remove our things from the driveway.
03-15-19- Offered to pay for movers to show up and get everything else out of the house. They ignored me.
03-17-19- Received call from ex neighbor telling me they were loading my things into trucks. I contacted them again asking what was going on. They said they were moving things and I told them they were still my items.
They told me to stop contacting them and they were calling the sheriff for "harassment"
The report said nothing regarding harassment, they claimed I threatened to trespass and break in to the house.
(Keep in mind our whole conversation was over text message, and I never made any threats and was as professional as possible)
03-20-19- I sent a letter the the magistrate requesting my belongings be returned. Trial held May 22nd.
05-22-19- The couple claimed I didnt leave the house until April. Also said that I broke into the house and that was the reason they made the police report (There is no mention of any actual break in on the police report.) Then tried to claim money so they can hire movers and claimed other "damages". They actually received a reward of three months rent because since my belongings were in there I was considered to have residency there.
Current Situation
The only thing I am able to do now would be to take it to the court of common pleas and file a replevin. I know in Ohio no matter what the situation the belongings are still mine unless there is proof that I intended to abandon them. But on multiple occasions I tried to get my belongings back. Ringler v. Sias, 428 NE. 2d 869 (Ohio Ct. App. 1980) The two hours arent consistent with the law either. [Abbe Family Found. & Trust v. Portage City Sheriff, 2006-Ohio-2497.]
I do not want the house or the ability to rent back, I am only focused on getting my things which were said to still be on the property as of this month.
At this time being between jobs and recovering from literally being locked out of my house, I am not in any situation the be able to afford the retainer for an attorney ($2000 in this area). So I am here asking for any assistance with getting legal representation.
I will be sure to keep track of all help and if I am able to get awarded for damages I will return anything given to me.
Hopefully this edit is a bit more clear with the timeline of things, any comments, advice, or donations will be appreciated. If enough support is rallied I will add my paypal info. But for the time being even advice would be worth the post.
Thank you,
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