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Updated about 12 years ago on . Most recent reply

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Christopher L.
  • Corning, NY
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Eviction or ejection

Christopher L.
  • Corning, NY
Posted

I own a home. I took someone to eviction court over a year ago and she produced a document that said she was in a property purchase agreement with me. She was later arrested for it for forging my signature and a notarys signature. The case was dismissed however to be handled in another court. I hires a lawyer to go to court a 2nd time and the judge didn't want to overrule the 1st judges decision even though I had evidence of the document being no good which would have seemed to make it a straight eviction case. My lawyer told me it had to go to Supreme Court now. It's now a year later and all that has been done that I know of is he served her with a 60 day ejection notice last July, then a letter which she had 20 days to respond to in January which she didn't. Does it take a year plus to get someone evicted? Why the ejectment action and not eviction? House is in my name and there is no written contract between me and the woman?

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Jerry W.
  • Investor
  • Thermopolis, WY
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Jerry W.
  • Investor
  • Thermopolis, WY
ModeratorReplied

Christopher L. all state laws can vary, but usually an eviction is used to kick out a tenant, and lower courts handle it. An ejectment action usually is where ownership of land is in question, and the court must declare who is the owner. Only a higher court can do this, the higher the court the more crowded its docket. A year seems a long time but your lawyer is the best person to explain the particulars to you. Good luck.

  • Jerry W.
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