Contractor · Franklinville, NJ · Member since 2013 · 183 posts · 86 votes
I figured I would stop hijacking @rob k's thread and start my own about my squatter. For those who didn't read about my issue, I have a squatter living in a shed on a property I bought. The squatter was claiming rights to the land. I filed for ejectment and had court today. It was great watching the judge shoot down everything he said.
That being said, he now has 30 days to get all of his stuff out. The judge asked how much time he needed to get himself and his belongings out and the man replied "well over 90 days" to which the judge laughed. All in all, it was a learning situation that only cost me $39 to date. We shall see if he is actually gone in 30 days. I will report back.
It's amazing that it's cost you so little. In FL the filing fee for an ejectment is $400 plus $10/summons plus the cost of the process server (the sheriff will not serve here).
Yes, I was pleasantly surprised at the cost of it. It will cost me another $5 plus mileage ($14) for a court officer to remove him if need be. The sheriff doesn't do that anymore apparently. I was expecting a nightmare because from what I understand Jersey is pro-tenant.
When I served him his court notice on Saturday it was still there. Im going to the township office tomorrow to get my marriage license so I will poke around the construction office as well.
I do value my time very much, however as I explained to my dad I will need to learn the process. I have a duplex in rehab right now and it is about complete. I figured its better to learn to remove someone on a property that I am not missing cashflow on. I am in a waiting period for subdivision anyway so its really no hold up.
Jon K. That's pretty much what I said in the previous thread. I don't understand why he wasn't arrested for trespassing. You can't just go into someone's shed and live there. I would have called the cops. You shouldn't have to evict someone from a shed.
I figured I would stop hijacking @rob k's thread and start my own about my squatter. For those who didn't read about my issue, I have a squatter living in a shed on a property I bought. The squatter was claiming rights to the land. I filed for ejectment and had court today. It was great watching the judge shoot down everything he said.
That being said, he now has 30 days to get all of his stuff out. The judge asked how much time he needed to get himself and his belongings out and the man replied "well over 90 days" to which the judge laughed. All in all, it was a learning situation that only cost me $39 to date. We shall see if he is actually gone in 30 days. I will report back.
Was he required to file a written answer? Was there a fee associated with him filing an answer, or did he claim he had no money and go it waived? Was he required to show ID when he filed the answer? Can you pursue a money judgment against him as part of the eviction, or would you have to file a seperate action?
@Charlie Hampton "I totally agree but the cops will not touch this guy because he tries to sue everyone. I had nowhere else to turn when the cops wont even touch him."
Wow, I can't believe the cops won't do their job. Well, if that's the case, I guess evicting him was your only recourse. I hope it all works out for you.
I am not sure about the answer part, but he did show up to court and the judge found it comical that the man could not justify why he has the right to stay. I could have gone after him for monetary damages but you cant get blood from a stone and I do not want to waste my time pursuing something that isn't there.
Update: As of today, the squatter is still in place. He has filed appeals in civil and law courts. He has filed an appeal to the appellate division, and today I learned that he has filed in superior court. I cannot help but think this man is getting legal advice from someone. He has also filed a $40k lawsuit against me for slander (since I called him a squatter, which is defamatory to his reputation) and he has also filed criminal harassment charges on me (because I bother him oh so much). Every time I feel like I am at the end I receive more paperwork with more court dates. This situation truly stinks. ATTN EVERYONE: PLEASE CHECK EVERY ORIFICE OF A PROPERTY BEFORE YOU SIGN PAPERS! I don't wish this situation on my worst enemy...
Update: As of today, the squatter is still in place. He has filed appeals in civil and law courts. He has filed an appeal to the appellate division, and today I learned that he has filed in superior court. I cannot help but think this man is getting legal advice from someone. He has also filed a $40k lawsuit against me for slander (since I called him a squatter, which is defamatory to his reputation) and he has also filed criminal harassment charges on me (because I bother him oh so much). Every time I feel like I am at the end I receive more paperwork with more court dates. This situation truly stinks. ATTN EVERYONE: PLEASE CHECK EVERY ORIFICE OF A PROPERTY BEFORE YOU SIGN PAPERS! I don't wish this situation on my worst enemy...
Isn't it bizarre that a guy living in a shed with just an extension cord can be so astute on the law regarding evictions and slander? If he would only apply himself in the real world, he might be able to live in a beat up RV or weekly hotel.
I wish you luck in getting rid of this dirtbag. You may want to consider hiring a couple of bikers with a baseball bat and a cue ball in a sock to take care of this mess for you.
@Charlie Hampton "I totally agree but the cops will not touch this guy because he tries to sue everyone. I had nowhere else to turn when the cops wont even touch him."
Wow, I can't believe the cops won't do their job. Well, if that's the case, I guess evicting him was your only recourse. I hope it all works out for you.
The reason why the cops are not "doing their job" is because it is not their job to deal with civil matters.
I haven't read the other thread, but these situations usually come up when the squatter is claiming ownership of the property. So when Party A says they own the property and Party B says they own the property - who are the cops supposed to remove? The cops rightfully say "you guys fight it out"
Once the court determines ownership, then the eviction can process legally.
Sucks, but how would you feel if someone occupied your house while you were on vacation or whatever and the cops removed you from the property because the squatter called them and said you were trespassing?
That is not the case here. I showed the cops my deed the first time I called them so its clear who the owner is. Plus the man isn't claiming any ownership to the property.
@Andy B.
That is not the case here. I showed the cops my deed the first time I called them so its clear who the owner is. Plus the man isn't claiming any ownership to the property.
My mistake, it was so long ago I forgot. He did try to initially claim rights to the land but gave up on that cause right off the bat. He now has no agenda. I confronted him with the question in court about what he was hoping to get out of all of this and he couldn't answer it.
The man apparently lived there before I purchased the property. The previous owners had to have known because they are related. The squatters father lives next door and the extension cord runs from his house to the shed on my property. It is useless to unplug it because it will just end up plugged back in. Also, I did not immediately demo the shed because he has things in there that I do not want to be responsible for replacing. The police told me this man is nothing but a nuisance and has sued the police before. Therefore the only way they will remove him is by court order with a court officer present. I have tried to do this the legal way to protect myself and I seem to just be spinning wheels. Even the people in the county court know this man on a first name basis. Everyone wants to be protected when dealing with him because he has nothing but time to drag out court cases and lawsuits etc. I have no legal recourse on the sellers because I have no proof that they knew he was there.
is it on a low area of the property? maybe if you had a pipe burst and flood that area it would cause him to relocate. Can you have that area treated for bugs and fill the place with a fog?