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Old Jan 12th 2003, 3:43 am
  #1  
Concierge
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Default For K

Here are some suggestions from a "volunteers" who works here just are spending vacuous time? Although I don't get paid to do so, what the hell.


K

I'm not familiar with the state laws of Kansas or Missouri but I doubt they are much different than New York State. An order of eviction must be obtained from the local courts. Here in NYS, the family/person being evicted is given 90 days to vacate the premises. So if the state laws in your state are similar, your landlord will have to file for your eviction with the local courts. You have the right to refute the charges and should be given "time" to find another place to live and/or to bring the rent current. Normally evictions cannot take place until 3 months of rent have not been paid.

As for your husband's employer, if your husband is not being paid for his salary and not being paid for overtime, then your husband can report him to the Labor Department. While doing so might well mean he will lose his job, what is he really losing? Unless his salary was substantial, he might be better off going to MacDonald's for employment where his salary is a given. In regard to the employer stating he would help you pay your rent, he is not obligated to do so. His obligation is to pay your husband a fair wage for time worked. If he is not doing so, he can be taken to court by your husband and/or the DOL.

Now on to your passport. Go immediately the INS office you used and demand to have your passport returned. In actuality, you do not need a reason for having it returned as it is yours not theirs.

Rete
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Old Jan 12th 2003, 7:02 am
  #2  
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Default Re: For K

Originally posted by Rete
I'm not familiar with the state laws of Kansas or Missouri but I doubt they are much different than New York State. An order of eviction must be obtained from the local courts. Here in NYS, the family/person being evicted is given 90 days to vacate the premises. So if the state laws in your state are similar, your landlord will have to file for your eviction with the local courts. You have the right to refute the charges and should be given "time" to find another place to live and/or to bring the rent current. Normally evictions cannot take place until 3 months of rent have not been paid.
This is just a curiosity question. In France, although I am not very familiar with it, I think that you can not get an eviction order during the "winter" ("winter" is fixed by certain dates unless it is really cold outside at which point the dates defining the "winter" are extended).

I do not imagine that Missouri or Kansas is very warm right now, and I was just wondering if a similar law might apply in KS or MO, so that people don't get evicted when it is freezing outside.

Thanks,
Caroline
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Old Jan 12th 2003, 11:01 am
  #3  
Richard III
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Default Re: For K

Although I have had a real estate broker's license in Colorado for a
little over twenty years, I am not an expert on real estate law in
every state in the union. I do know, however, that an eviction is
just a legal procedure that has timelines and rules that apply. Every
state handles these matters a little differently but I would be very
surprised, given the conservative nature of Kansas (Missouri a little
less so), if an eviction, properly executed couldn't be carried out in
as little as 30-45 days from first notice. There are, however,
community and religious based organizations that can, and do, help in
situations like these. Check with someone familiar with the United
Way in your community and I'm sure you will find someone who can help.
Good luck and let us know what happens -

Richard III

On Sun, 12 Jan 2003 20:02:58 +0000, Caro
wrote:

    >Originally posted by Rete
    >> I'm not familiar with the state laws of Kansas or Missouri but I doubt
    >> they are much different than New York State. An order of eviction
    >> must be obtained from the local courts. Here in NYS, the
    >> family/person being evicted is given 90 days to vacate the premises.
    >> So if the state laws in your state are similar, your landlord will
    >> have to file for your eviction with the local courts. You have the
    >> right to refute the charges and should be given "time" to find another
    >> place to live and/or to bring the rent current. Normally evictions
    >> cannot take place until 3 months of rent have not been paid.
    >>
    >This is just a curiosity question. In France, although I am not very
    >familiar with it, I think that you can not get an eviction order during
    >the "winter" ("winter" is fixed by certain dates unless it is really
    >cold outside at which point the dates defining the "winter" are
    >extended).
    >I do not imagine that Missouri or Kansas is very warm right now, and I
    >was just wondering if a similar law might apply in KS or MO, so that
    >people don't get evicted when it is freezing outside.
    >Thanks,
    >Caroline
    >--
    >Posted via http://britishexpats.com
 
Old Jan 12th 2003, 5:40 pm
  #4  
K
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Thank you all for replying, It is really nice to know that there are people out there that will do their best to help us. I will try your suggestions Rete and see what happens. You are right about the Mcdonalds, there are a few in this town . I have also found out that this guy wants dave to lie for him so that he will sell more products and more services. I'm not that nieve that i dont realise that this doesnt happen toa certain extent in most businesses but this guy really likes to dangle the carrots too, such as i have a house for rent would you like it? Dave said yes then a few days later he decided to try and sell it first and then he put another tenant in it. Also the promise to dave that whatever he sells he will get another 20 o/o on top of his paycheck, he has sold a few things but not much and all he has got is a pat on the head for being a good boy... i will be glad when he gets another job.

But thanks to you all for your help, i really appreciate it.
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Old Jan 13th 2003, 5:48 am
  #5  
Mrtravel
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Default Re: For K

Rete wrote:
    > >
    > As for your husband's employer, if your husband is not being paid for
    > his salary and not being paid for overtime, then your husband can report
    > him to the Labor Department. While doing so might well mean he will
    > lose his job, what is he really losing?

Of course, he can not legally be fired for filing the report.
 

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