Illegal Eviction?

nascarfan7

New Member
Jurisdiction
New Hampshire
Hello.

Oct. 9, 2018 I had an eviction hearing and lost for non payment of rent. The writ of Possession was to issue on Oct. 17, 2018 so I knew I had that amount of time to move my belongings and vacate.

On Oct. 17, 2018 I returned mid morning from moving a load of furniture to a notice on my door, The writ of possession. I had not finished moving my things so I left the premises and called the sheriff and he said I had 7 days to arrange with my landlord to get my stuff.

Oct. 18 2018. I get call the informing me that if I didn't get my belongs by the end of the day my stuff was being thrown out.

For the next two days I tried to contact them until I got a text on Oct. 20 2018 that the apartment had been emptied and my stuff went to the dump.

Oct. 22, 2018 I file a 540-a petition with the court.

Oct. 24, 2018 I'm informed by former neighbors some of my things are in the hallway. I take a picture of it from the side walk outside and try to contact my landlord to no avail.

Oct. 25, 2018 The 540 petition is served to them.

Oct. 28, 2018 I take more pictures of my belongings in the hall. I call the sheriff for the name of the officer who served the writ of possession. They have no knowledge of it being served. I then go to the court for a copy of the return of service, it was never returned. A sheriff never served the writ, my landlord taped it to the door, threw out my stuff and changed the locks.

I have a hearing for the 540-a petition Nov. 6 2018.

What are my chances of getting an award for my stuff being thrown out and an illegal eviction against my landlord?
 
You'll KNOW the OUTCOME after the hearing.

No one is smart enough to handicap or predict the outcome of ANY legal proceeding.
 
Do yourself a favor and create a detailed list of all your lost property and its value- not the price you paid for it, but it's current value. Have pictures, receipts, or anything else you can produce to show the property exists. It is one thing to argue that your property was thrown out unlawfully, but another to prove to the court that the things you claim to have lost actually existed.
Be prepared and well organized to make your best argument.
 
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