General Question
Can an unresolved Civil ("Justice Court") case become a Criminal Court case?
Any legal experts here?
Karen and I filed a lawsuit (replevin) for seizure and immediate repossession of Karen’s property—we won our case in court and even filed a Writ of Execution which the judge signed, ordering the constable to enter the house of the defendant and seize the stolen property.
However, we are now told that the constable cannot enter the house without the renter’s (defendant’s) permission. This seems woefully inconsistent with the wording of the Writ of Execution and the laws as worded—which state not only can the sheriff or other official enter the house—but that the law enforcement official can also seize the defendant’s property for auction to pay for the plaintiff’s items if they are no longer in the house.
But the law enforcement is playing it very softly—even with the writ of execution—and Judge’s orders—saying that the law enforcement official cannot enter the house without the renter’s permission.
Karen cannot afford to merely settle with this because she has no money to replace her stolen items. She lives like a pauper in a bare, almost-empty apartment and needs her property returned in order to get on with her life. Was this costly court case and Writ filed for nothing?
We are now told that this should have been filed as a criminal case, but we were not allowed to pursue this as a criminal case at the beginning.
(MORE DETAILS IF NECESSARY)>>> Karen rented a room from an old friend (the defendant) from High School many years ago. The defendant was NOT the home owner but was renting the home herself. Once Karen moved in, the defendant locked her out of the house and kept her things.
Yes, we won the lawsuit, but were told this was a civil court case since the items were “left in the home” and not “stolen”
We were then told to file a “writ of execution” in order to have the constable enter the house and retrieve the items. But the constable says he cannot enter the house unless the defendant allows him. The defendant won’t even come to the door.
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