Follow
Share

Been trying to get a lawyer and it's been impossible with such a short notice. So I'm going to represent myself. I have everything ready like witnesses and statements and going to do my best. Anyway, what if I start tearing up for a minute when it comes to talking about the case? Can I just apologize and keep going?

I'm needing to go to small claims court with the Grandson that sold my mom home.
The reason is to get the taxes that were paid after my brother death up until the day he sold it by my mom and I..It was 3 years in the rear on taxes and they served me papers stating that it's taxes are late the house is on a lien and if not paid it was going to auction.During this time the office here in town is accepting my money and the whole time it's in the process of being sold ,It wasn't till we paid all the back taxes on January 1 st 2018 and he put it in his partners name on January 12 the after all the taxes were paid and I know he knew about them he did it on purpose..Just cause I didn't give him my mom and dad things that were in the house.. Going to sue on my own and see what happens but any advice on my presentation would help..I have all my evidence just what do I say I'm sueing for.How was I violated..I emailed him all my receipts and never got respond.Can he come back with well she lived in the house for free but at that time it was in probate Court..He won the eviction by putting it in the guys name...A football coach that was involved in the taking of the house..Ex police man .. Didn't understand why he would want to go to court and take a home away from a 91 year old woman that is telling everyone that it's her home..
Helpful Answer (0)
Reply to Lisaromair
Report

You sound like a strong person. Good Luck in the future. Mom had her Day. Remember, what goes around comes around. The will pay eventually.
Helpful Answer (3)
Reply to JoAnn29
Report

Got a rental house but not available till 28th.but it's secured with deposit. Forgot to mention that.
Helpful Answer (3)
Reply to Lisaromair
Report

Thanks for the Blessings.. You know, I am past the age of 60, had 4 kids , worked raising them,was there for 2 aunt's and a uncle, one aunt my Mama's sister (2005-2010) Dementia.And mama at same time..But chuckling in my mind, I say that was the most stressful thing I ever done.Now I know why you don't need to represent your self or family in a case,and what a lawyer has to learn is beyond my brain now. San Saba Texas is small town,so I'm just going to see if EPS opening that door does good but if not I'm just to tired to fight anymore..My dad and mom's house might be worth 30.000 as is , so let the dummies have it.. Hate having to stay at the no tell motel till it's available for rent but oh well..
Helpful Answer (0)
Reply to Lisaromair
Report

Me too, Lisa. Keep us posted.
Helpful Answer (1)
Reply to SnoopyLove
Report

So, the court case has finished. ONE DOOR CLOSES.

Elderly Protective Services is now involved. A NEW DOOR OPENS.

I wish you all good luck.
Helpful Answer (1)
Reply to BuzzyBee
Report

BuzzyBee..Well the grandson and the new owner showed up to he represented himself as I..So I made My opening statement I told the jury what I was there for an eviction on me . But I came to present the court all my evidence and all my witnesses that will prove that the house in question was taken from my mom through being decieved and lied to.Then I introduced my 17 pieces of evidence and called my first witness and all I got from the man that bought the house after he told the jury he didn't really know what he was doing, started objecting to it all ,and the Judge sustained them cause he said the deed had nothing to do with him in which was true we we're there for eviction.I just wondering but why the grandson was there I thought..He had sold the property so the court didn't need him..Well I lost 5 days to get out 30+ years of mama and daddy stuff and nowhere to go till 28 ..But the good part was when I put my 91 year old mother up there and asked her if she could tell us anything about this case and why she is here in court.Her opening respond was he's a liar and a thief ..And she let him have it..He hollard to her that's my dad's house and she said your dad didn't put one penny in that house. He stole it just like you .She told him exactly what has been built up in her for a long time..So now when the guy starts objecting cause of her still talking the judge let didn't object and she told them how the cow ate the cabbage..
I might of lost but my mama won cause no matter they knew she was telling the truth.. Elderly Protective services have opened a case so ho
Helpful Answer (1)
Reply to Lisaromair
Report

Lisaromair:

IMO, you would be best served by getting an attorney pronto.

Judges can be sticklers for procedure and if you do not follow procedure you will lose your case, even if you are the true victim.

You know the saying: "A person who acts as his own attorney has a fool for a client."
Helpful Answer (2)
Reply to Heather10
Report

Ahmijoy raises good points. Mediation used to be arbitrary in Circuit Court level actions in my area, but then there are also quite a few Circuit Court judges. I believe Lisa Hermandez a/k/a Lisa Romair is/are in Texas, in a small town. I finally realized from I think it was Barb's post that WithoutaPaddle is a different poster.
Helpful Answer (4)
Reply to GardenArtist
Report

I’m confused. Are lisahernandez, Lisaromair and Withoutapaddle the same person? I don’t pretend to know anything about Legal Issues, but what this poster describes sounds like a criminal trial complete with jury. Why couldn’t this be solved by sitting down with an arbitrator? I am just thoroughly confused. I just have this feeling Ive read this story before, something about Don Quixote?
Helpful Answer (3)
Reply to Ahmijoy
Report

Just asking how did it go?

Very interested.
Helpful Answer (3)
Reply to BuzzyBee
Report

Lisa,

Not necessarily in answer to your question...I found the affective statute for you:
www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm. It would help to read it over before court, a section at a time. I didn't have time to read it all tonight.

If it is a statute and issue of "beyond a possibility, not reasonable doubt" (which doesn't make sense to me - something's not "jelling" in my mind of what constitutes "beyond a possibility, not reasonable doubt"), you'd have to meet that standard (as probably defined by statute and possibly interpreted by case law - i.e., through cases in which the definition is modified, enhanced, elaborated and/or interpreted).

The judge will issue what's known as jury charges, or jury instructions, which define the standard enough so that the jury understands it. The jury will then be charged to consider and debate on whether the standard has been met in the presentation by the plaintiff (I assume that's you and your mother).

Defining the standard is well beyond me; I'm not familiar with that, especially for Texas.

As to reading court rules, there are several hits on "Texas, court rules":
www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm

This provides a link to the Texas Civil Court Rules:
www.sll.texas.gov/the-courts/texas-court-rules/

and the Texas Rules of Civil Procedure. I'm only familiar with the MGCR - the Michigan General Court Rules (but haven't read them for years). They define the method of service, pleadings, motions, etc., and more.

Download the files from this site:
www.sll.texas.gov/the-courts/texas-court-rules/

www.txcourts.gov/rules-forms/rules-standards.aspx.

(I tend to get a bit mixed up when I'm switching back and forth between screens, especially this late in the evening, but what you want are the downloadable forms of the Rules of Civil Procedure and of Evidence. I'm a bit rusty on criminal law, but I believe that the Evidence section may set the standard for reasonable doubt.

But I haven't done criminal law in decades, and I'm not familiar with Texas law, at all. So all I can do is offer suggestions for you to follow.

I'm really pressing the limits of my knowledge here, so I'd suggest you read the rules and try as best as you can to interpret them.

Hopefully one of the resident attorneys here will chime in and offer a real legal opinion.
Helpful Answer (1)
Reply to GardenArtist
Report

Pulled up the process of a forcible detainer eviction .It beyond a possibility not reasonable doubt I think ?
Helpful Answer (0)
Reply to Lisaromair
Report

How do you read court rules.I pulled up the website for procedure on a forcible detainer eviction and read it .It's a burden of possibilities on this civil Case...
Helpful Answer (0)
Reply to Lisaromair
Report

Barb, you asked essentially what I was trying to find out. There are many different kinds of "hearings", with different criteria for proof, different criteria for asking for relief, etc. Now I see that it's an eviction hearing. That's much different than many kinds of hearings, many of which arise from motions. That's what I was trying to
find out from Lisa. Thanks for asking the question that prompted an explanation.

MidKid, exactly my concerns. Thanks for stating them so eloquently.

There are burdens of proof and standards for them that must be met. This is where Lisa could flounder if she hasn't read the court rules.
Helpful Answer (2)
Reply to GardenArtist
Report

Lisa--

Do you have ANYONE in your life that has legal training? My son is an attorney and trust me, he spent HOURS getting ready for "mock trials" in law school. MOCK TRIALS that had no legal outcome. He said it was so painful and stressful--he isn't even ever going to practice criminal law and will likely never see the inside of a courtroom!

Worst mistake you can make is representing yourself----I keep hoping you will think of someone with some legal expertise to guide you.

The other "side" has attorneys--correct? They will chew you up and spit you out. (I know it sounds like I am slamming my own son's choice of careers, but lawyers aren't in it to LOSE....)

If you cannot find help...even legal aid...then I will just pray you have a compassionate and patient judge. While you have every right to represent yourself, most people wouldn't even consider it as you have so much at stake.

Please--google "legal aid" in you area and try to see someone who can make a coherent sense of what you are trying to do.

And also?(I am trying to be kind) The judge will not care about how many family members you cared for---they will wants facts only.

I do wish you the best of luck. I'd never attempt to represent myself in court. I watched my brother do it and he got completely shut down by the judge. (Of course he was guilty as sin and had NO character witnesses, not a soul...but still. He thought he knew what he was doing. A 3 year prison sentence is hardly "winning")

Please spend some time/energy trying to get legal aid.
Helpful Answer (5)
Reply to Midkid58
Report

San Saba Texas..It's a forcible detainer eviction..
Helpful Answer (0)
Reply to Lisaromair
Report

Yes eviction due to the fact that I stated . I'm here mama in nursing home read to come back to her room here but she can't as long as we are going through this..
Helpful Answer (0)
Reply to Lisaromair
Report

Lisa; You said on your other post that you are going to "eviction court" .

What state are you in ?

Who is evicting you? Are you and mom currently residing in the home?

If it's the "new" owner who is evicting you, and he has a deed to the property, I don't think that Eviction Court is the place to fight this.  
Helpful Answer (2)
Reply to BarbBrooklyn
Report

..I started with my opening statement of saying ,I am here today to present to the court documents that will show that Mary was fraudulently deprived and deceived of her home unlawfully..Then I named my documents but did in list like ,deed,will ect..5 more.Then I said..In these documents and with my witnesses , I'm going to prove t that both my brother and his son did this to her and me and my other 2 sisters.And if character proof is needed I will provide you with that too. Kinda confused how to say this last part .But I know how to present my evidence and witnesses it's just this opening statement I'm stuck on.
Helpful Answer (1)
Reply to Lisaromair
Report

If you put Lisa's name in search you can see her first post. Seems son took Moms house illegally, died and his son sold it. She is trying to show fraud on brother. (Short version)
Helpful Answer (2)
Reply to JoAnn29
Report

www.agingcare.com/discussions/moms-going-to-court-437688.htm
Helpful Answer (2)
Reply to cwillie
Report

Lisa, I write with all compassion that in your situation, I would move mountains to find a competent attorney, and work whatever reasonable jobs I could to pay for it. As we've written before, this is not a DIY project.

Attorneys can be hired on a moment's notice; you might not get the best one(s) or the one(s) most desirable, but you will get someone who can make more of an impact than any nonlegal person ever can.

I understand that you feel you haven't been able to get one quickly, but I also know that some firms, especially criminal ones, have staff that can literally turn on a dime, or send a young attorney from the firm, or ask for an adjournment.

And as to your presentation, keep it to just the facts; judges are busy and aren't interested in emotions; while they may offer some sympathy; they want the facts and want to move the case through the docket and on to the next.

And, as I believe I've asked before, what specifically is this hearing? It makes a big difference in terms of time allotted by the court clerk.
Helpful Answer (3)
Reply to GardenArtist
Report

I would like to ask a question? If you had to represent a 91 year old mother in court for being swindle out of her home that we have lots of memories of with me her and Daddy, then with me getting evicted for moving back to the house after being locked out of It for a year and all my left in it . and nowhere to go but a hotel room. be here in a home that you lived in as a caregiver for my dad and mom.. since 2005. Then she is setting up in a nursing home with her mind but not the mobile ability to walk or see . But really wishing she could of went to Probate Court to make sure the house wasn't on it .. Would you do what I'm doing to the best you can to make her know , Mama you don't have to worry about me leaving you ever again. I lived with my mom at least 10 years . Iv also took care of a uncle when he got put in hospital then got out and died a few weeks later ..Then I took care of an Aunt about 30 miles from Mama's house I burried her in 2009 ,then another aunt from 2005- 2010 I burried her in 2016 Not one of their kids, or my brother or sister ever came to help with dad or mom . They think a phone call every other week was good. I think it's
Helpful Answer (0)
Reply to Lisaromair
Report

Garden Artist..My profile as lisahernandez will tell you about the case..I forgot my password on it so I made a new one. I have a lot of evidence to prove what I say and a couple that has known my mom and dad for many years .Also I reported it to Texas Dept of Ageing and disabled and they turned it over to adult protective services and as of yesterday there is an open investigation.. They might just be helpful especially on Mama.. She's really the only one I care about.She is 91 and still comes to the house to visit.. She is the one that it breaks my heart..And she is going to testify.. It's sad when you have to get your own mom to testify against her dead son .
Helpful Answer (1)
Reply to Lisaromair
Report

Lisa I think that once you get started you’ll be alright. Keep your goal in mind when you speak and have your paperwork together. Speak slowly so everyone can understand you. You may tear up at some point, that’s pretty normal & I’m with you - a judge should have a heart & he/she is no better than we are. 
Hopefully you’ll be able to get a postponement to get an attorney. The judge may advise you to get one after they hear your issues, as they are complicated. IMO your case isn’t a DIY. It’s in your best interest to hire an attorney.
Good luck!
Helpful Answer (4)
Reply to Shane1124
Report

Lisa, you mentioned your opening statement. Is this a criminal case?

It would help if you would tell us what kind of a case it is, whether you're a plaintiff or defendant, and what the purpose of the suit is.

If you haven't read the court rules, you are going in blind.
Helpful Answer (1)
Reply to GardenArtist
Report

Lisa, maybe it would help to first have a big, flat out, messy, lying face down on the bed, out of control cry. Get it all out! You must be extremely angry about this situation as well as sad -- hit the pillows and cry until you can't cry a drop more.

Then, lovingly compose yourself, wash your face, re-center yourself with prayer, quiet sitting, gratitude for all the good things you've ever experienced in this life, regardless of how things turn out. Drink some water or tea. Breathe.

THEN practice saying your statement as if you are in court. Imagine what the courtroom or hearing room might look like, the judge, the court officers, other random people in the court, etc. Imagine it as vividly as you can. Imagine yourself presenting your short but informative statements about your mother's situation, and calmly and concisely answering all questions. Imagine yourself totally nailing it!

Lisa, I still hope there is some way you can get a lawyer on board in this situation ASAP, but I hope and pray things go well for you on Friday whatever happens.
Helpful Answer (6)
Reply to SnoopyLove
Report

BuzzyBee my exact thoughts but evidently not.
I think you should have to have one no matter civil or criminal but where I live it's how they want It to be.
Helpful Answer (0)
Reply to Lisaromair
Report

Thank you blannie.. This is such a great response to my message.. I won't be standing there sobing but I might get emotional and when I present my opening statement they will understand if I do.
Helpful Answer (2)
Reply to Lisaromair
Report