Unlawful Eviction Legalities Explored

Summary

The user was evicted from her mothers property without proper notice. The eviction was allegedly orchestrated by her sister, who does not have legal authority over the property. The user has legal custody of her children who are currently living in the evicted property. The user is seeking legal advice to challenge the eviction and assert her rights. She is also seeking help from SC Empowerment for housing and employment resources. The users mother, the property owner, is reportedly against the eviction but lacks legal representation to express her wishes in court.

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Ive been evicted on * daynotice and had to leave my kids and things behind until.i find somewhere to go. The person who owns the house has stated the signed nothing evicting me nor my kids and im out in streets with NOTHING. A lot of pain and suffering on my kids behalf. There was a hearing where the judge ruled in favor of owner.( my mom who didnt give power to evict) I cannot see my kids and i cannot even go and eat and take shower on property. Ive bern arrested for trespassing once and the police are saying EVEN THOUGH MY MOM CAN SOEAK FOR HERSELF READ, WRITE, AND EVEN DRIVE AT THE AGE OF * AND NAME IS ON HOUSE, SHE STILL HAS NO SAY SO IN HER OWN HOUSE. I NEED HELP!! Plus, i called dss and they would not intervene because their is no physical abuse. I guess mental dosent count for anything either.
Who has the legal authority over the property if not your mother?
No one else
What is the name and location of the court where the eviction hearing took place?
Laurens County Courthouse on hillcrest dr. Laurens,SC
What was the reason given for your eviction?

For general information, in North Carolina:
- A landlord must provide a written notice before eviction.
- Eviction without proper notice is illegal.
- Laurens County Courthouse: * Hillcrest Square, Laurens, SC *, Phone: (*) *-*.
I dont know. I guess cause my sister hate me. She has tried this * times before and it didnt stick because you have to go through dss to get kids. And i believe it boils down to kids again because when my stuff was sat on side the road, and not all of it, my kids things didnt get sat out and i requested it. Idont know. Me and baby father takes really good care of them though. One of my children holds a *. * gpa. She is a sophomore.
Did your sister have any legal authority or guardianship over your children or the property?
No
What is the current living situation of your children?

In North Carolina:
- Child custody is determined by the best interest of the child.
- Laurens County Courthouse: * Hillcrest Square, Laurens, SC *, Phone: (*) *-*.
They are in the home and i spoke with them this morning and itsounds as if they are missing me.
Who currently has legal custody of your children?

In North Carolina:
- Legal custody determines who makes major decisions for the child.
- Laurens County Courthouse: * Hillcrest Square, Laurens, SC *, Phone: (*) *-*.
I do
In North Carolina:
- If you have legal custody, you have the right to make decisions for your children.
- Laurens County Courthouse: * Hillcrest Square, Laurens, SC *, Phone: (*) *-*.
Im in South Carolina
I apologize for the confusion. In South Carolina, the same rules apply regarding custody. If you have legal custody, you have the right to make decisions for your children.
Ok well she will not release their clothing anyway and they dont want to leave home and im not trying to make matters worse for them than already is. So, i am allowing them to stay there until i can get housing. But, on 5 day eviction i didnt see coming, i had no time to make preparations.
What steps have you taken to secure new housing? In South Carolina, landlords must provide written notice before eviction.
Ive contacted sc empowerment in which i have to meet monday.
What is the nature of your meeting with SC Empowerment? In South Carolina, organizations like SC Empowerment can provide assistance with housing and other resources.
Positive
To better understand your situation, could you please elaborate on what you expect from your meeting with SC Empowerment?
To help me find housing and help with employment abd other resources i may need.
What type of employment are you seeking? In South Carolina, there are various resources available for job seekers, including SC Works Online Services.
Industial manufactoring. Im skilled in quality.
In South Carolina, SC Works Online Services can help you find job opportunities in industrial manufacturing.
Ok in which i have an account already.
That's great! Have you been actively applying for jobs through your SC Works Online Services account?
Not yet, ive applied on indeed but i cant take jobs out of gray court because of transportation. However i am trying to reinstate things with job i had last year at ZF transmissions.
What is the status of your reinstatement process with ZF transmissions?
Ive just got the ok to come back and that i am not under no rehire. ABLESSING!!
That's great news! How can we assist you further with your legal concerns?
What can you help with??
What specific legal advice are you seeking regarding your eviction and child custody situation?
How the hell can my sister override my moms word about her house and she isnt deceased??
Does your sister have any legal document like Power of Attorney or any other court order that gives her authority over your mother's property?
Just to speak in court. My mom was clearly unaware of what she was trying to do. If u cant help thats fine. But, she want to do something about this as well
Does your mother have a written will or any legal document that states who has authority over her property?
Im not around her but u have to ask her.
What is the current mental and physical health condition of your mother? This information can be crucial in understanding her legal capacity to make decisions.
Look until she is deceased, my sister gas no right. And she has no right to just split me and my kids from each other.
Does your mother have a legal representative or attorney who can help clarify her wishes regarding her property and your living situation?
Look she didnt give my sister a
Power of Attorney?
To evict me
Does your sister have any legal document that gives her the authority to evict you from the property?
Not from my mom
Does your mother have a lawyer who can help clarify her wishes regarding her property and your living situation? In South Carolina, only the property owner or their legal representative can issue an eviction.
No
What is your mother's opinion on this matter? Has she expressed any desire to contest the eviction?
She bout to have a heart attack windering what is going on and has been tryimg to get to courthouse but siblings wont take her. So therfore she is asking me to find someone and do something.
What is your mother's current mental capacity? Can she make decisions and express her wishes clearly?
She aint batshit crazy. She can read, write, drive. She may be a little forget ful but on this matter its been the same thing. She didnt do this.
Has your mother considered appointing a legal representative to express her wishes in court? In South Carolina, individuals can appoint a representative to act on their behalf.
My sister ok but she didnt necessarily know what my sister was trying to do.
What steps has your mother taken to contest the eviction and assert her rights over the property?
Ok bye
What is your mother's plan to address this situation? In South Carolina, she can appoint a legal representative to express her wishes in court.
Go to hell
I'm sorry to hear that you're upset. I'm here to help you. Can you tell me more about your mother's legal representation?
No
What steps are you planning to take next in this situation?
Idk
What is your plan to secure legal representation to challenge the eviction and assert your rights? In South Carolina, you can seek help from legal aid organizations.
I need a lawyer