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Posted
  On 7/13/2018 at 12:22 AM, JoPar_v2 said:

Smart move

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I really hope that you are not an attorney.  You are bound to have Rule 11 (or the state equivalent) sanctions awarded against you because you think that delay tactics are somehow the same as an underlying right.

 

Oh brother. 

  On 7/13/2018 at 12:27 AM, 3rdand12 said:

is there a chance you are British ?

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No.  And it is not coming home.

Posted
  On 7/13/2018 at 12:27 AM, Peter said:

 

I really hope that you are not an attorney.  You are bound to have Rule 11 (or the state equivalent) sanctions awarded against you because you think that delay tactics are somehow the same as an underlying right.

 

Oh brother. 

 

No.  And it is not coming home.

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:  )

Posted
  On 7/13/2018 at 12:25 AM, Peter said:

 

How much would you like to bet that the judge finds that she has to move out or that she moves out before the hearing once she figures out that she cannot delay it any longer?  Do you really think that the judge is going to find that she has the right to stay there?  All she is doing is delaying the inevitable ruling against her.

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I read she already moved

Posted
  On 7/13/2018 at 12:27 AM, Doc said:

 

Yes it was on loan but it has not been recovered.

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correct. I see that has been clarified.
So why would Shady need to be the one to return it ?
He could claim it stolen or make the Jewelers aware and allow them to pursue their property ?

Posted
  On 7/13/2018 at 12:11 AM, DC Tom said:

 

If Person A sues Person B for a million dollars, then Person B absolutely has the right to that million until a jury says otherwise.  So yes, it is exactly like saying that.

 

We're "arguing semantics" because the semantics in this case are important.  You're arguing "rights" from a legal context that is semantically very specific, but you don't seem to understand that.  

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Actually they only have the right to the million if the jury says so.

Posted
  On 7/13/2018 at 12:25 AM, Peter said:

 

I quoted the Georgia statutes.  You can read (I hope).  She was a tenant at will - at the will of Shady.  Georgia law gives her 60 days to move out.  The tenancy at will ended.  She has overstayed the 60 days.

 

How much would you like to bet that the judge finds that she has to move out or that she moves out before the hearing once she figures out that she cannot delay it any longer?  Do you really think that the judge is going to find that she has the right to stay there?  All she is doing is delaying the inevitable ruling against her.

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Just because the future outcome is obvious does not mean she prematurely loses her tenant’s rights. 

 

She had 60 day notice to vacate...or eviction proceedings will be brought against her. You left out that second part.

 

The notice does not state “you have 60 days to vacate...or the clock will strike and the bells will ring and poof you are no longer a tenant” as you seem to believe.

 

due process and all that counselor. Maybe look that up.

Posted
  On 7/13/2018 at 12:27 AM, Peter said:

 

I really hope that you are not an attorney.  You are bound to have Rule 11 (or the state equivalent) sanctions awarded against you because you think that delay tactics are somehow the same as an underlying right.

 

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Weird because I specifically said the procedural delay was a tactic, NOT a right. 

Posted
  On 7/13/2018 at 12:30 AM, Mr. WEO said:

 

Actually they only have the right to the million if the jury says so.

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Exactly.

  On 7/13/2018 at 12:33 AM, JoPar_v2 said:

Weird because I specifically said the procedural delay was a tactic, NOT a right. 

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Then why are you picking a fight with me?  Just to be disagreeable?

Posted
  On 7/13/2018 at 12:28 AM, x-BillzeBubba said:

I read she already moved

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Wait a minute!

 

There are some here who have spent hours arguing that she had the right to live there.  I guess she even realized that she had to move out.

  On 7/13/2018 at 12:35 AM, Mr. WEO said:

 

 

Unless the defendant doesn't respond, correct?

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Correct.

 

 

  • Like (+1) 1
Posted
  On 7/13/2018 at 12:34 AM, Peter said:

 

Exactly.

 

Then why are you picking a fight with me?  Just to be disagreeable?

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One more time with gusto - her rights as a tenant remain until the eviction is ordered by a judge. Delaying that hearing is a tactic (she doesn’t have a “right” to infinite delays) or at best, a matter of circumstance. You’re conflating the two, not me.

Posted
  On 7/13/2018 at 12:31 AM, JoPar_v2 said:

Just because the future outcome is obvious does not mean she prematurely loses her tenant’s rights. 

 

She had 60 day notice to vacate...or eviction proceedings will be brought against her. You left out that second part.

 

The notice does not state “you have 60 days to vacate...or the clock will strike and the bells will ring and poof you are no longer a tenant” as you seem to believe.

 

due process and all that counselor. Maybe look that up.

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Are you trying to argue that she has 60 days to live there after the judge rules against her (if she has not already moved out)?

Posted
  On 7/13/2018 at 12:30 AM, 3rdand12 said:

correct. I see that has been clarified.
So why would Shady need to be the one to return it ?
He could claim it stolen or make the Jewelers aware and allow them to pursue their property ?

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It would look just as suspicious if they're trying to get it back and suddenly it gets stolen.

Posted
  On 7/13/2018 at 12:39 AM, 3rdand12 said:

Is this a rental owned by him or a place  described as his residence ?

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The place was jointly occupied by the two; McCoy is the sole owner (specifically a trust owns it.)

Posted
  On 7/13/2018 at 12:39 AM, JoPar_v2 said:

One more time with gusto - her rights as a tenant remain until the eviction is ordered by a judge. Delaying that hearing is a tactic (she doesn’t have a “right” to infinite delays) or at best, a matter of circumstance. You’re conflating the two, not me.

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Posted
  On 7/13/2018 at 12:39 AM, 3rdand12 said:

Is this a rental owned by him or a place  described as his residence ?

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Don't know.  Always wondered why wealthy people would live in a place like that.

 

He could essentially keep a place anywhere in the country he wished---and chooses that craptacular cut-de-sac.

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