Going to Court with a CFIDS Addled Brain

Discussion in 'Fibromyalgia Main Forum' started by TeaBisqit, Aug 7, 2008.

  1. TeaBisqit

    TeaBisqit Member

    I got a notice yesterday that I am being sued by my former landlord over my mother's estate. And they want me in court this week. No time to prepare, no time to really do anything. They are trying to force me to pay for the lot rent on the mobile home for the months I have NOT been living here, even though I gave them more than thirty days written notice that I was moving out. I don't own it and I'm not in charge of my mother's estate. They just want to pin the lot rent on someone since the property has been vacant since the end of March.

    I'm going in with no legal representation. My lawyer said it's a waste of money for him to go. He said to just bring the copy of the letter I sent giving notice I moved and the receipt I have from the movers. And I can prove they were paid up until I moved out.

    What scares me is, I'm going in there with CFIDS. My judgment is SEVERELY impaired from this disease. I get audio processing disorder. If I don't understand a question or I have to ask them to repeat a question, I don't want them to think I'm trying to be in contempt of court. I really have a problem with people speaking to me. I am so scared of what will happen. If they win this judgment, it's like saying a landlord can force anyone to continue paying rent after they move for the rest of their lives. If I lose, they will put on my credit report that I didn't pay rent, thereby destroying any future chance I have of ever living anywhere else. And they can enforce the judgment and pull money out of my account if I don't file for bankruptcy in time. My lawyer seems confident we will file before then, but I am scared.

    So, it's not like I'm going in to court alone, I'm going in with CFIDS eating away at my brain and no one will care in that courtroom. And they can't see how sick I am. I hope I can even make it over there that day.
  2. findmind

    findmind New Member

    I truly believe if you call the court clerk and explain you have a neurological disease that prevents you from appearing in public, and that you don't have funds for a lawyer, and send them the copy of the letter of 30 days notice and receipt for payment of rent, they will enter it into the record and either find in your behalf, or reset the court date.

    I have done this, and it worked!

  3. Pansygirl

    Pansygirl New Member

    I just wanted you to know I'm thinking of you.

    Gentle hugs, Susan
  4. TeaBisqit

    TeaBisqit Member

    The court told me that they can't post pone it really past a few days because it's got to do with landlord/tenant law. The whole this is so nuts. How am I still a tenant when I no longer live there?

    It's probably best to just get it over with fast. But my fears really are the cognitive problems. I freak out whenever I have to do anything important like this because I really don't know what will happen with the symptoms. I never know when I'll have audio processing and can't understand people. I never know if the short term memory loss will hit. Just so many symptoms. That's what has me scared. Anything I'm forced to do like this, I get terrified because of the symptoms.

    I'm trying so hard to just look at this as just another appointment, but one in which I need to bring all these papers. But I'm really scared.

    Thanks and hugs to everyone who replied.[This Message was Edited on 08/07/2008]
  5. Carmen07

    Carmen07 New Member

    I'm not sure what kind of court hearing you'll be having but it wouldn't hurt to apply to the court for a cognitive interpreter if they have them.
  6. dragon06

    dragon06 New Member

    Regardless of whether they can move the date or not you can still call the court to say you have a nuerological disease and can't attend in person...you may need a doc signature for this...and then send in your evidence.

    If you do have to attend, try to relax...just show your evidence and try to keep focused. This is not a criminal trial so it's not like a lawyer is going to be cross examining you. And if you have to ask for something to be repeated then just ask, there is nothing wrong with that as long as you do it nicely. You can tell the judge you have an illness that affects your audio sometimes if it becomes an issue. Don't be afraid to tell them what is wrong if you start having issues...there is no reason to hide it. If I remember correctly you are on disability so that can prove you have these issues.

    Your evidence should be enough.
  7. TeaBisqit

    TeaBisqit Member

    I have to go Sept 8th. In the morning, of course. Why does it seem like everyone always makes appointments in the morning? And we're always sick in the mornings.

    But this gives me more time to gather my papers and prepare. And I can take a day and find the place, too.

    They will try to claim they never got notice of my moving. All I have on that is the copy of the letter I sent them. So that will be up to the judge to believe them or not. If he has any heart at all, let's hope he rules in my favor.
  8. landra

    landra New Member

    You can prepare a statement - either to send in advance or to at least have with you.

    One thing you did not mention - have they been sending you bills? I assume NOT from what you said. The fact that they have NOT been billing you needs to be in your statement.

    Do you have any documents of who her executer is (person in charge of the estate)? Take a copy of that. Perhaps have the executer write a letter staing that a)when you moved out, b) whether the executer had ever been contacted and what he or she did about it. You may have to pay for that person's time in preparing the letter but it may alleviate your anxiety.

    Some documentation of your cognitive issues would probably be helpful, even if only to make you comfortable. A letter that the doctor has already done would be easiest. A copy of your daily activities questionaire [for SSDI]- or better - the doctor's equivelent of your daily activities questionaire.

    A friend going with you will also help you to feel comfortable, but also to reinforce that you sometimes need help organising your thoughts. They may not let the frined talk for you, but just the request will emphasize the need.

    Finally - rehearse!! Literally stand at a table somewhere and say your statement, with the documents in your hand. If a friend can help you to rehearse, all the better. The more you go over a short, simple statement, the easier it will come out in court.

    And last but not least 3 DEEP BREATHS repeated every few minutes!!

    Hope this helps.
  9. Leaknits

    Leaknits New Member


    This is a very dumb question but do you own the mobile home that you were paying lot (or space, whichever) rent on?

    If you don't own the mobile, tell landlord to go whistle.

    The man who owns the mobile park I'm about to move out of, the minute the keys to the new place are in my hands, is trying to pull the same B S on me...rumor here in the park is that he's planning to turn down any prospective buyer I might find for this house by trotting out that lie about "Your buyer didn't pass the credit check," while at the same time telling me I will have to go on paying space rent if the house doesn't sell.

    He seems to want to eat and keep not only HIS cake but mine as well.

    I agree with the other posters who said your former landlord doesn't have a legal leg to stand on.

  10. simpsons

    simpsons Member

    The docs will speak for you they state the case
  11. simpsons

    simpsons Member

    The docs will speak for you they state the case
  12. simpsons

    simpsons Member

    The docs will speak for you they state the case
  13. simpsons

    simpsons Member

    The docs will speak for you they state the case
  14. simpsons

    simpsons Member

    The docs will speak for you they state the case
  15. simpsons

    simpsons Member

    The docs will speak for you they state the case
  16. simpsons

    simpsons Member

    The docs will speak for you they state the case
  17. simpsons

    simpsons Member

    The docs will speak for you they state the case
  18. simpsons

    simpsons Member

    The docs will speak for you they state the case
  19. simpsons

    simpsons Member

    The docs will speak for you they state the case
  20. simpsons

    simpsons Member

    The docs will speak for you they state the case