Q: how can I stop frivolous court appeals from a person illegally in my property?
My Section 8 tenant died(not in the house) and Atlanta Housing Authority closed the contract, issuing notice that they not responsible after 03/31/2016. The son (caregiver) agreed to move but his brother (not on the lease) had moved into the property and is countersueing my dispossessory action for 3.5 million dollars, claiming harassment. He has filed motion after motion that has been dismissed by the court, because the counter suit has not been heard yet. Now he is appealing to the state Supreme Court to hear his appeal that was rejected by the appellate court. Is there a way to stop these frivolous motions?
Your lawyer could file an equitable remedies type of civil case against the freeloader, and a motion to have the person who is clearly trespassing PAY a monthly amount, or lump sum amount into court, to cover your estimated lost rental value, in the event the case goes against him. This would be a type of equitable action, as attorney label this type of action.
Don't file anything without a lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.