Agoraphobic and being sued

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Sydnee10
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Date Joined Jun 2003
Total Posts : 561
   Posted 6/1/2007 12:37 PM (GMT -7)   
My Cousin is suing me because I own 25 feet of her 77 foot Trailer (surveyed by a Licensed and Bonded Surveyor).I tried fencing off what I own,but was stopped.Next thing I know I was served Papers where she is suing me.This is extremely stressful and causes me pain,grief,suffering and anguish on top of the grief I already feel just losing my Father (last remaining immediate Family I had).There will be no way possible I can go into my Attorney's Office or appear in Court.There are Day's I can barely step my big Toe out the front/back door.Isn't there someway I can have someone to stand in my place?
 


jerseycherries
Regular Member


Date Joined May 2007
Total Posts : 178
   Posted 6/1/2007 1:24 PM (GMT -7)   
i would think so. have you talked to your attorney about this? i mean on the phone. i know how you feel trust me i do. and good luck.
I am bipolar, have social anxiety, panic attacks w/apporaphobia , diabetes, asthma and high blood pressure. Life is short but i am not.


Sydnee10
Veteran Member


Date Joined Jun 2003
Total Posts : 561
   Posted 6/1/2007 1:46 PM (GMT -7)   

Jerseycherries,

My Attorney doesn't even act interested in the case.He wouldn't as much as give me his email address because he don't use it (so he said)..


 


jerseycherries
Regular Member


Date Joined May 2007
Total Posts : 178
   Posted 6/1/2007 1:52 PM (GMT -7)   
i think its time for a new attorney then. and i'm so sorry your going through this
I am bipolar, have social anxiety, panic attacks w/agoraphobia , diabetes, asthma and high blood pressure. Life is short but i am not.


janetlee
Veteran Member


Date Joined Mar 2006
Total Posts : 1986
   Posted 6/1/2007 1:57 PM (GMT -7)   
Sydnee,
I am sorry you're having to cope with this! You should be able to call a legal aid person or a paraprofessional. And if not, talk to your pdoc and explain what you're dealing with and he may know some resources or such about aiding you in this. Keep us posted!
janet
Yesterday's dead
Tomorrow's unknown
Today is here
And soon will be gone.
Use it wisely
Before it's too late
Remember to love
And forget to hate.
janet


janetlee
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Date Joined Mar 2006
Total Posts : 1986
   Posted 6/1/2007 1:59 PM (GMT -7)   
Also, look at this google search. It may give you some ideas!
http://www.google.com/search?sourceid=navclient&ie=UTF-8&rls=GGLJ,GGLJ:2007-17,GGLJ:en&q=lawyer+disabled+agoraphobic+attorney
janet
Yesterday's dead
Tomorrow's unknown
Today is here
And soon will be gone.
Use it wisely
Before it's too late
Remember to love
And forget to hate.
janet


Sydnee10
Veteran Member


Date Joined Jun 2003
Total Posts : 561
   Posted 6/1/2007 2:02 PM (GMT -7)   

Jerseycherries,

It just got him.We really haven't discussed the suit in depth yet.


 


Sydnee10
Veteran Member


Date Joined Jun 2003
Total Posts : 561
   Posted 6/1/2007 2:03 PM (GMT -7)   

Janetlee,

I just signed up with a prelegal last Week and I don't have a Pdoc anymore..


 


Sydnee10
Veteran Member


Date Joined Jun 2003
Total Posts : 561
   Posted 6/1/2007 2:06 PM (GMT -7)   

Janet,

I receive Disability (Social Security I worked and paid in) for a Spinal disability not Panic Disorder,Anxiety and Agoraphobia.


 


janetlee
Veteran Member


Date Joined Mar 2006
Total Posts : 1986
   Posted 6/1/2007 4:44 PM (GMT -7)   
Syd,
I'm on ssi for panic, but even though that's not the reason you're on ss, doesn't mean you can't or shouldn't inquire about legal aid. I wish you had a pdoc...have you ever read the books by Dr. Claire Weeks?
janet
Yesterday's dead
Tomorrow's unknown
Today is here
And soon will be gone.
Use it wisely
Before it's too late
Remember to love
And forget to hate.
janet


debaser
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Date Joined Nov 2006
Total Posts : 1745
   Posted 6/1/2007 5:07 PM (GMT -7)   
Trailer? Like a mobile home? Do you own 25 feet of the land it sits on? I'm not understanding this case, but it seems like it could be settled out of court pretty easily.

You could give a trusted friend power of attorney and they could deal with most of this, although if the case got to court it would be better if you appeared yourself. Additionally, you can try to find an attorney who'll come to your house. Just fax or email the petition to a number of local attorneys explaining your situation. Most state bar associations require their members to certain amount of pro-bono work per annum, so I'd imagine you could settle this case pretty quickly (although it's hard to say without knowing specifics) and cheaply. If it is what it seems like to me, it sounds like it could be a nuisance suit.
My Brain: My friend, My enemy: A blog to chronicle my attempt to recover from anxiety/panic disorder
anxietypanicdisorder.blogspot.com/


Sydnee10
Veteran Member


Date Joined Jun 2003
Total Posts : 561
   Posted 6/1/2007 8:18 PM (GMT -7)   

Janet,

I signed up last Week for prelegal and they helped to find this Attorney in my Area.I have been treated for this Disorder and at the moment I am healing myself through compassion,nutrition and with holistic means.I need "down time" for myself.When I feel ready to face the World again I will only on my own timing.Yes I have Claire Weekes Books among many others.


 


Sydnee10
Veteran Member


Date Joined Jun 2003
Total Posts : 561
   Posted 6/1/2007 8:27 PM (GMT -7)   

Debaser,

Several Years before my Grandfather died in 1986 he and my Grandmother made the decision to Deed me their Home/Land.It was finally Deeded to me in 1991 when I was 18.The Property adjoins the mobile home.I recently had my Land surveyed and I own 25 Feet of the mobile home.When I tried fencing my Land I was stopped and next thing I knew my Cousin was suing me.Like you said it is a nuisance suit as my Uncle and his Wife (Cousins Parents) never paid my eldest Uncle and his then Wife for the white House that did set where the Trailer is.In other words my Uncle and his Wife "squatted" on it.They eventually moved the House off and the mobile home on taking up more room than they had.The driveway in front of the mobile home was made by them without a written and notarized easement.They just helped themselves.Basically my Cousin intends for me to allow her Mother who lives in the mobile home even though it is now owned by my Cousin to continue "squatting" and "swindling" like they done the entire time.I don't have to give a Friend or Family member Power of Attorney.There are Advocates through the American Disability Association that can stand in my place.


 


debaser
Veteran Member


Date Joined Nov 2006
Total Posts : 1745
   Posted 6/1/2007 9:38 PM (GMT -7)   
In Texas, mobile homes are not considered "real property" and they have title much like a vehicle does. I don't know which state you live in, but I bet it's similar. So you probably don't own a portion of the mobile home, and in the best case you would not own a physical portion but a financial interest in it. Likely the mobile home's title is clear in someone else's name and I presume you have a clear title to your land. In that case, they could be trespassing but that depends on squatters' laws. I'm not sure why they'd be suing you for fencing your property unless you fenced off their driveway. There is such a thing as an "implied easement" that does not necessarily have to be recorded in the real property records, and if you cut off their easement they would probably have grounds to sue, but it sounds like you have grounds to counter-sue. Most cases like this are settled out of court, I'd imagine.
My Brain: My friend, My enemy: A blog to chronicle my attempt to recover from anxiety/panic disorder
anxietypanicdisorder.blogspot.com/


Sydnee10
Veteran Member


Date Joined Jun 2003
Total Posts : 561
   Posted 6/1/2007 11:09 PM (GMT -7)   

Debaser,
I live in Oklahoma.My Land starts in the middle of the Kitchen window at the sink.She is suing me because I *tried* fencing off my Land the drive included.She lied in the summons/petition I received because the driveway hasn't been there the length of time it stated.It was at one time for many years a grassy area.If they don't have a written and notarized easement I would have grounds to sue because it's against the Law not to have an easement for Utilities,lines,driveway's etc.They've just helped themselves by setting up shop "squatting" and not paying.I have received several threatening email's from my Cousin and they've put panels up at the N side of the trailer at the corner back to the cellar when in petition they asked that a temporary restraining order be put in place until the Court heard the merits of the case.


 


debaser
Veteran Member


Date Joined Nov 2006
Total Posts : 1745
   Posted 6/1/2007 11:44 PM (GMT -7)   
Well, I'm sure the laws and case law varies from state to state, and I'm definitely not familiar with Oklahoma. It's pretty vague in Texas, as a matter of fact, and we're known for having a pretty tight property code. So it's a tricky area. Access easements are much different than utilities easements here, and there's definitely such a thing as an "implied" access easement that's legally binding even without any such agreement recorded in the property records.

I obviously can't give you legal advice, but I bet your attorney will want to counter sue. I would be shocked if their restraining order weren't granted, but don't look at that as a sign of impending defeat. It would mean little. At worst, both sides have a reasonable argument and the attorneys will work something out before trial. At best, the case is dismissed and the judge orders your neighbors to move off your land. Does their property have access to a road? The judge would be reluctant to land lock them, probably, especially since they've been there so long.

It sounds like an interesting case. Keep us posted if you don't mind.
My Brain: My friend, My enemy: A blog to chronicle my attempt to recover from anxiety/panic disorder
anxietypanicdisorder.blogspot.com/

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