IN A SEPARATE MATTER.
[this document can be found in the links to the left of the page on www.justtalking3.info] for distribution purposes. You know my address in case; it is requested by many joining or creating a class action suit/ and the need for one more; I will “hook you up”. But you should know, he is an eighty year old farmer; and unlikely to join/ not good in court, or public view.
It has become obvious, corrections within the court system of this USA, or this state or county; apply to smaller matters than “everything important”. Justice builds a nation/ injustice tears it down: ask yourself which is prevalent today?
Therein we look at the current attempt by my own dad to reclaim an apartment he owns. To re-rent/ because a tenant knows full well if she is not served with a summons, she gets to stay until she is. Bringing the loss of income past the two months plus two electric billings/ because she did not transfer the electric to her name, either. The price at best is scheduled to be a $2000.00 loss, so far. Clearly indicating US constitutional amendment 7 applies here: the money is significant/ and a remedy must be found in court. The sheriff has tried once to serve with a five day notice of eviction/ and failed. The sheriff has tried to serve a summons to court, and when the deputy pulled in she ran into the apartment, and would not answer the door, evading summons. Consequently without summons, she is free to live within the apartment until served and having her day in court/ which means she lives rent free, because there is no money to collect from her, no apparent job or any other cause of action by which this money can be collected. A lawyer was hired, without useful result. My dad chose to publish her name in the paper, surrendering payment due/ in exchange for getting her out. That requires waiting 45 days, before another court date can be obtained. But so far the judge withholds the “fee waiver”: going to think on it for a week: thereby he has taken hostile possession of the property, because he is in no way a part of the contract/ but controls it without right or cause under the law called justice. Whether the landlord decides to “let all claim to the money owed go” in exchange for getting the property back: IS NOT a judge’s decision! Because she cannot be charged money unless she has her day in court, this tenant appears to have all the rights/ with the landlord shall have none. And we find out, this is definitely not the first time, it’s a pattern. She has another eviction notice in court at this time/ and according to a web site, an arrest warrant of some kind out. “Makes no difference”..
This young woman was told:
regarding past due rent, and the failure to pay your electric bill.
It is hereby stated/ notice is given/ and a firm foundation applied: that you must vacate the premises by March 1, 2010. Because I will be turning off the electricity to your apartment; as it is not my bill/ nor is it your right to claim that I must support you, with electricity or an apartment.
Once the electricity is turned off, the toilet will no longer work/ because in this particular apartment there is an electric sewage pump that requires electricity. That means although you have water, and initially it will hold a small quantity of effluent/ that will fail, and sewage will back up into the apartment.
It is a violation of state law to remain in a residency without toilet facilities, and as a consequence state law, and the IL health department must evict you immediately upon notification of that fact. Therefore it is not an option to stay without electricity/ and I have informed the electric distributor that only I am allowed to have it turned back on. As you have failed to pay the rent. The health department will be informed of your remaining in the apartment on March 1,2010 if you have not left the keys outside your door on the shelf by the stairs (so that we do not have to go in)/ or if it is not clear you have moved. It is unclear, if the state must assist you in finding an alternate solution or not/ I suggest you ask them prior to the immediacy of “a moment to decide”. It is not unclear that the law demands they must evict you. IL public health is located at 2125 S first st, Champaign. 278-5900 Champaign county public health is located at 201 W. Kenyon rd Champaign 352-7961
The reality here is NOT personal, it is financial/ as this is a business, and requires money to exist. We wish you well, but unfortunately it is necessary for you to seek shelter elsewhere. Good luck.
The lawyer mentioned to my dad, suggested it was not a good idea/ so it was not done. Although the tenant moved out (according to other tenants) so as not to be found/ so that the state could not evict. BUT LEFT personal property in the apartment to retain control of it. And has remained in this condition for two weeks. That means simply, that she has found residency elsewhere/ but has a plan for the landlord or the apartment in the future. The possibility of “baiting” has occurred/ do to the reality: this landlord was found “furious” at her, to a degree exceeding anything expected or seen throughout decades of renting; without cause. Which means a plot or plan has been contrived/ and control of the apartment
An obvious disgrace and disrespect, in a terribly unbalanced courtroom. Proven again and again by stories of tenants who stole the property, and a court that let them. One such person known, states it took 3 years to remove a tenant who would not pay. The issues of a child, are up to the state/ NOT the landlord; it is the court that must deal with them; you cannot commandeer the property, just because “its easy”. These actions by the court, or by the legislature, or by the city dependent upon whosoever is actually responsible; amount to harassment, of the landlord, his property, and his rights of ownership: a guaranteed right within the constitution amendment 4: “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated.....” This is his property, and it is held only under the terms of a lease/ or more appropriately in exchange for payment due. Clearly it is proven payment has not been made/ therefore the contract is broken, and possession reverts: with realistic exception made for due diligence, and appropriate opportunity to repair the damage done. That does not exist here. She has already had over two months rent/ plus more. Brought in a puppy, thereby potentially doing more damage. And whether living there today or not, she has household furniture within the apartment thereby retaining possession of it/ and will not answer or provide any information.
The court further harass’s this landlord by breaking amendment three as well: “No soldier shall in time of peace be quartered in any house, without the consent of the owner....” Which means, JUST BECAUSE “the government employees” don’t want to deal with her/ they have made it the responsibility of the landlord to take her in and provide shelter just as if “she was a soldier/ and the property was commandeered by “the government employees of the court”, and the citizen made to pay for their decision or responsibilities.
It is functionally and fundamentally errant, that the court harasses the citizen landlord in this manner. Harassment is: “...any exercise of authority in such manner as to be unnecessarily oppressive; connotes purposeful actions and conduct motivated by a malicious or discriminatory purpose.” In reality the court demands that my dad cannot reclaim his property, until summoned and must endure considerable loss of income, simply because the court says so. When it is clear this is a contractual matter, and little more. The court maintains: even though the renter is proven to have evaded the police/ to avoid eviction; she still has all the rights of possession whether the contract is broken or not. Consequently the court is oppressing the landlord, and fundamentally making this landlord due for the costs, of what the court/ city or state does not want to do: house this person regardless of a right. While that may not be “tidy and pleasant” to throw someone out/ it is however fundamentally necessary, when and if in fact a landlord owes money on the property. Thereby putting that property in jeopardy, that person financially strained; simply because the court refuses to do its job of protecting all the people. Not the case here personally, but it still applies. Hurting those who are also dependent upon payment from the landlord himself/ such as builders, etc. The court acts maliciously in this matter, due to its arrogance and refusal to accept in a contractual matter. Every contract breeched (682 F. 2d 883-885; has a remedy in the law, or the performance of that law in some way recognizes a duty within the court. A duty that is legitimate and balanced between both sides/ NOT simply “whatever the renter wants”. This court evades that duty/ as does the sheriff in not actively, or effectively administering the summons. Which leaves the landlord to do their work/ and even that is maliciously destroyed, because the landlord is not allowed to serve summons. Thereby controlling the property in direct opposition of its true ownership by the landlord/ the court becoming in effect, the owner, rather than the landlord: IT DEMANDS and has taken control/ leaving the landlord without a remedy in the law; but bills due. Effectively confiscating income from the landlord/ because the court arrogantly chooses to favor the tenant. The discrimination is simple: the court has become unbalanced/ and is in favor of avoiding “the mess” of eviction. That is an illegal action in terms of law. If the landlord had thrown out and forced the tenant from the property regardless if the tenant had paid the rent/ that tenant would have a remedy in the court immediately. The landlord jailed/ fined/ and punished. It is likely, whether a summons was served or not; that tenant would have their day in court, & there would be costs applied to the landlord, including the cost of occupancy for the tenant/ demanded of the landlord for throwing them out. Nothing less would be justified. But, This is not unlike that situation/ in reverse: the tenant has thrown the landlord from the property maintaining possession/ and the landlord has no real rights, not even in surrendering the debts owed. Should the landlord accept to summon the tenant again, as the judge suggested/ the sheriff department will not attempt it, UNLESS they are paid again/ even though they failed. That too, is a breech of contract/ the landlord paid for a summons; the sheriff department is obligated to deliver one, regardless if inconvenient or not. Its called a contract, I paid you to do this. Today the summons is a business venture in the sheriffs department; as they are paid for failure each time anew/ and the court requires a summons delivered, which means the more they fail, the more money they get.
Some tenants are sure to say “its all good/ hurray for the tenant”. However I remind you plainly, its not free, which means “good landlords quit, over things like this”/ other landlords quit caring about every tenant, which means you get less, or not at all; or those with legitimate needs get no sympathy. In other cases the eviction process starts immediately, without mercy. I know of good property torn down, simply because of one bad tenant; or the fear of a bad tenant. All landlords raise rents, because of being cheated; just like stores raise their prices due to shoplifters/ there is immediate response to even a “day late”; the eviction process starts, heavier fines, severe penalties, and a lack of caring are all responses that occur; because “the tenants, don’t treat me fair either”. and so on.
These are some of the issues created in the mess and failure of the court to represent both sides in this simple contractual matter. The law fails. The court sits in ill-repute. Consequently it is absolutely necessary that a class action suit should be waged against the court/ city/ or state dependent upon where this disgrace and failure has erupted from; and a listing of landlords or others as would consider joining such an action should be formed; You can find a way yourselves/ as I am currently involved in other matters/ am not a lawyer, and NOT a participant in this problem: therefore without legal standing. Be aware: this is not legal advice (it is a dedicated complaint/ stating the obvious). Find your own lawyer, this is to start you on your way, not lead you into court.
BALANCED AND FAIR IS NECESSARY, and the intent of JUSTICE, through the law! A fact the court seems to have lost.
Both landlord and tenants NEED a joined site which is accessible through the internet. Allowing both tenant and landlord to complain about each other with reasonable constructive statements of fact/ no suing, unless it is blatantly in error, and purposely harmful; with only realistic amounts. To accomplish this a selection of one line statements would be fashioned/ such as “evicted”. Or the landlord failed to repair in a timely fashion. That way people taking advantage are known/ either way, and information can be assessed prior to contractual failures; as has become realistically possible with the internet.
Some simple foundation principles would be:
1. A tenant in good standing, has been paying regularly, for at least 1 year; and taking care of the property/ not being or allowing a problem. Gets 60 days/ to try to work it out. If not, evicted on the 61 day of rent past due. The opportunity to collect remains in court IF the tenant acknowledges he or she has been summoned to court on or near the 61st day. Let the landlord provide that court date 30 days prior. What you get is determined in court/ but make no mistake you, the tenant, are summoned. The failure to acknowledge and accept “said summons, granting 60 days past rent due”. Demands the following be used “#2", below.
2 if as in this case the tenant did not pay past the first months rent/ the landlord can produce a summons, the sheriff shall affix it to the front door/ and or any other door as seems necessary: in such a manner that it cannot be mistaken or removed easily: NOTICE IS GIVEN. 30 days or thereabout from this point a hearing shall occur. Provide the date/ provide the phone number for the court to verify. All done.
While it is literally true, no one wants to deal with these problems/ no good answer exists, simply because “that is how it is”. But reality demands a society exhibit fair play, assigned by justice within an appropriate and equal balanced law and court FOR ALL! Therefore a contract, is a contract/ and unless it states what is NOT fair or acceptable, or lawful; the court is obligated to honor it in such form and such a way as to NOT deviate from the intent of an honorable solution to both sides. Honor includes, doing what you said you would do/ honor includes, a realistic and reasonable exception for consequences and realities unseen or unable to prepare for. You lose rent when the property sits open as well. But let it be understood, if eviction is coming/ the opportunity to “show the apartment” applies so that no more income shall be lost on the “62nd day”.
JAMES FRANK OSTERBUR
3/13/10
NOTED for the sake of a better reality: is the purpose commonly called insurance for renters/ whereby the possibilities of something unexpected can be dealt with by “common concerns/ paid for with small payments by all”. Or more simply: even though it is another cost/ like fire insurance, IF YOU NEED IT, that cost is very small. Assuming competition allows for realistic opportunities. This insurance is particularly possible for “co-op” styles of insurance providers: for renting groups/ because it is limited to rent, and notice that conceives of one month at a time. Making prediction of needs palatable for small organizations. It may be, that landlords would benefit/ by simply including the insurance payment in the rent, particularly for the first year. You will define your own terms.
It is again necessary to demand: it is the state, or city, or nation that is responsible for providing shelter to those who cannot afford it. But that shelter does not require more than a protected room; with common bath facilities/ and the opportunity of busing as would be realistic when searching for work. After 60 days, work provided by the city or state must equal a minimum standard of living wage, as would be needed in your area/ for lower middle income; so that enough can be built up to move, and survive.
The issues of work MUST BE DEALT WITH/ because robotics are now at a stage of development, that nearly all factory workers can be removed. EITHER WE WILL CONTROL work and nation as WE THE PEOPLE/ or it will soon control all aspects of our lives; creating within the next five years, the possibility of fifty percent of the workforce and more completely unemployable; because “we don’t need you anymore”. And that means renters can’t rent/ and landlords can’t collect! WE MUST decide for ourselves, what we will allow, to replace us/ or what jobs will be let go: WHICH MEANS: we will, tell employers what machines they can or cannot use as a society.
At the web site
http://www.animusic.com/ You can see the new competition coming, this is a robot, “using mechanical fingers, and arms” to play music. And it means sufficient progress has been made to eliminate another large section of workers.
We will fight for ourselves, all of us/ or be overrun by competition from all fronts/ the loss of everything including nature itself. What you want, is absolutely irrelevant/ what exists as our truth, MUST be dealt with, because it threatens our lives, our community, our nation, and our world. This web site http://www.justtalking3.info is about redress of grievances according to the first amendment in the US constitution: giving WE THE PEOPLE authority over our nation/ as is necessary in this very state of our reality in this day/ the consequences are grim: if you run away or hide. The possibilities are endless in happiness and friendship/ peace on this earth; IF you accept the responsibilities that are required, and work honestly for justice, fair play, and equality. IT’S A CHOICE. But failure is a choice too/ and want could not be less important. WHAT IS TRUE SHALL DECIDE, whether you like what truth requires of us all, has nothing to do with your survival. What is true, cannot be defeated. What is lie, shall always die, even if it survives long enough to destroy others: the price of that failure, will remain. Choose life first!
Some will always say, “he is crying; the sky is falling/ another bastard, don’t listen to anything”. But lets review: our situation/ our reality as a nation is specifically the result of “the university diploma” and what they chose to inflict or change in this world. While you may say “its all wonderful”/ the reality behind closed doors is: these leaders, STOLE your money/ LIED to you about everything/ CHEATED you out of your own decisions, with experts and failure and fools. And continue to lead you on the road to certain destruction, because the threats that have been accumulated along that road can easily exterminate us all. As to more common interests, robots and or machines and computers of various kinds continue on a daily basis to rid this society of workers; taking over jobs, and leaving society burdened with people who have little or no options for their own lives. The few continue in every conceivable way to live like kings/ because they make the rest of us live like slaves. They took the money/ and they left us with the debt; claiming its all our fault: because you fell for the temptation/ the flattery/ the foolishness/ the failure and disease of their ways. Your leaders propagate whatever they wish, because they control mass communication to a great extent/ and claim to be “expert”; when in fact all the evidence proves a COMPLETE FAILURE, in the protection of every life, but their own. Not only do your leaders fail every aspect of duty, honor, discipline, or courage/ they use illicit suggestions to destroy society in other ways, because mentally arrogance cannot be controlled. This society is dying, because justice has been disgraced with the rhetoric of fools. This society is dying, because greed replaced friendship and hope. This society is dying, because selfishness and want sold it for the purpose of being “rich”/ which simply means: I WANT SLAVES! This society is dying, being prepared for war/ because interracial conflicts are rising: “somebody has to lose”; if the law will not intervene with equal justice for all. This society is dying, because “mice believe they are prey”/ ARE YOU PREY? Or are you able to use the law, and get your nation back? Answer the question/ because if the law fails you; a gun comes next.