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Evicted woman says deputy marshal let neighbors take her belongings
accessnorthga ^ | 8/23/04 | staff

Posted on 08/23/2004 10:34:52 AM PDT by CFW

The Associated Press - COLUMBUS, Ga.

A complaint has been filed accusing a Muscogee County deputy marshal of allowing neighbors to pick through the belongings of a woman who had been evicted.

Virginia Upshaw, 45, says that after being evicted from her three-bedroom trailer, her belongings were hauled outside and placed near the road. Neighbors then took her possessions with the permission of the deputy marshal, she said.

Marshal Kenneth Suddeth, who was not there when Upshaw was evicted, has turned the matter over to Commander Mark Lott, who said he is unable to comment until the investigation is complete.

Upshaw said she did not know the deputy marshal's name. Suddeth and Lott refused to say which deputy was at the scene during the Aug. 16 incident.

Sgt. 1st Class Jay Johnson, who lives at Fort Benning, said he was visiting a friend in the mobile home park and tried to help take Upshaw's belongings to safety. He said he pleaded with Upshaw's neighbors to leave her belongings alone.

"I said, 'You can't take this lady's stuff,' " Johnson said.

Johnson said a deputy marshal stood across the street and watched while items such as furniture, televisions and clothes were taken.

"He said it was OK," Johnson said. "When someone asked the marshal if Ms. Upshaw could call the cops, he said, 'Why? It's free stuff.'... Everybody was saying the marshal said it was OK, and he never disputed that."

A neighbor, who admits taking some of Upshaw's furniture and clothes, backs up the account. But Scarlett O'Hara said she later returned the items.

"The marshal said the stuff belonged to the community," O'Hara said. "We asked if we would get in trouble if we got anything, and he said no... I got two TVs, an entertainment center, a bag of clothes and a big picture. But my heart wouldn't let me keep it. I felt like she was being wronged."


TOPICS: Crime/Corruption; Culture/Society; US: Georgia
KEYWORDS: crass; crooks; jbts; lowdown
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To: cyclotic
I agree with Cyclotic.

I too had some deadbeat tenants some years back. They both worked and had enough money to both drive nicer cars than I did. They thought that they could get away with six months worth of rent before I could evict them.

WRONG. They got less than a month out of me.

They were evicted and their belongings were moved to the street. They had plenty of chances to pay the rent.

I did not have an obligation to hire a guard to watch their things until they got home. They were fortunate, it appeared that they lost almost nothing. Too bad. They tried to steal thousands of dollars from me.

If I count all the money I spent on deadbeat tenants over the years, it would add up to a great deal more than a few home entertainment centers. I could buy myself quite a nice car with the money.
21 posted on 08/23/2004 11:33:33 AM PDT by Bon mots
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To: ican'tbelieveit

There are some cold..cold folks in this world (and some on FR).


22 posted on 08/23/2004 11:34:03 AM PDT by CFW
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To: ican'tbelieveit
"Then the landlord can take the property. "

If you have a court order allowing it. Most people answering this thread have no idea what they are talking about. I am a landlord and manage several properties. If a sheriff handles an eviction like the one described in the article the tenants belongings can indeed be dumped on the street, or if the judge allows, the belongings may be seized by the landlord to pay for lost rents.

Ordinary people have no rights to the property however. Anyone caught stealing them once on the street could be charged with theft. If there is no one guarding the belongings, they might be deemed abandoned, but the sheriff's deputy who encouraged the theft of this lady's belongings deserves to be fired at the very least. Those who helped themselves to her belongings could be charged with theft if she can prove they took them.
23 posted on 08/23/2004 11:35:49 AM PDT by monday
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To: Romulus

It's not a crime when stuff is put on the street, it gets reduced to trashpicking. What about the crime when the tenant steals several hundred dollars a month from the landlord?


24 posted on 08/23/2004 11:36:54 AM PDT by cyclotic (Cub Scouts-Teach 'em young to be men, and politically incorrect in the process)
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To: monday

My whole point is the eviction was over, this person is on the street. What does it say when these people are taking their neighbor's belonging? What does it say when this deputy stands by and allows it to happen? What does it say when conservatives on a conservative website are almost gleeful this happened?


25 posted on 08/23/2004 11:39:55 AM PDT by ican'tbelieveit
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To: CFW

I am in shock at what I am reading here.


26 posted on 08/23/2004 11:40:21 AM PDT by ican'tbelieveit
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To: ican'tbelieveit
Are you justifying the neighbors actions?

YES!

Her stuff was trash that SHE had already refused to remove. Her stuff was hauled out to the street as trash. Landlords and police agencies cannot be expected to take custody and preserve all trash that anyone wants to leave laying around until that want it back.

The neighbors are FREE to take some of the trash before it is hauled to a landfill.

27 posted on 08/23/2004 11:40:28 AM PDT by Onelifetogive (* Sarcasm tag is always required. No sarcasm is sufficiently obvious for some people.)
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To: Onelifetogive

You are a shameful person.


28 posted on 08/23/2004 11:41:35 AM PDT by ican'tbelieveit
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To: ican'tbelieveit
You are a shameful person.

And I alway though I was shameless....

29 posted on 08/23/2004 11:43:34 AM PDT by Onelifetogive (* Sarcasm tag is always required. No sarcasm is sufficiently obvious for some people.)
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To: CFW

OK, you want the whole story. Here it is.

A friend and I bought a house in the ghetto in Detroit. It was a two unit home in decent shape. Two girls lived upstairs and a guy lived on the first floor. His rent was partially payed by the state and he was responsible for the balance. We floated him for 6 months without receiving a penny. In court, he swore to the judge that he would pay in 30 days. We gave him 60 before we filed for eviction.

Court cost me a day off work, court costs and parking. Bailiff cost me a few hundred bucks. 8 months partial rent was a few hundred more. All this time, this fine gentleman was living under MY ROOF for free.

Did I feel bad that his neighbors took all his stuff? Sure. Was I willing to pay for security for a guy who scammed me for all kinds of money? Not a chance.

BTW, we were decent landlords. We put most of the rent back into improvements to the home. Windows constantly broke, stuff was stolen, the poor dears thought lighting a fire in the bedroom was a cool idea too. One of the girls became a total crack whore. She was actually turning tricks while we were working on the house.

One day, we replaced the tile on the kitchen floor. The next day, there was a 8 foot gouge across the entire floor.

Happy now?


30 posted on 08/23/2004 11:46:44 AM PDT by cyclotic (Cub Scouts-Teach 'em young to be men, and politically incorrect in the process)
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To: aruanan
"When people are evicted and their property set out in the public way, the public is legally permitted to take what they want of it."

This is incorrect. Certainly people often do help themselves to property they find sitting on the street, but that doesn't make it legally permissible. It remains theft, just like taking a car or bicycle parked on the street is theft. If you are ever caught by responsible law enforcement, while doing this, you will very likely be charge with looting, unless a court deems the property abandoned for legal purposes.
31 posted on 08/23/2004 11:49:27 AM PDT by monday
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To: I still care
I assume the neighbors were merely holding the property in safety until the evicted tenant comes to claim them.
32 posted on 08/23/2004 11:51:21 AM PDT by Cultural Jihad
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To: aruanan
When people are evicted and their property set out in the public way, the public is legally permitted to take what they want of it.

Really? I see that as larceny. The property doesn't change ownership just because of the eviction. Granted, securing it is problematic, but it still belonged to the evictee and those who took some are thieves.

33 posted on 08/23/2004 11:51:34 AM PDT by Chemist_Geek ("Drill, R&D, and conserve" should be our watchwords! Energy independence for America!)
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To: ican'tbelieveit

"What does it say when these people are taking their neighbor's belonging? What does it say when this deputy stands by and allows it to happen? What does it say when conservatives on a conservative website are almost gleeful this happened?"

It says that there are a lot of miserable, nasty people who share the earth with us.


34 posted on 08/23/2004 11:53:00 AM PDT by monday
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To: Romulus
His job is not to interfere with a crime in progress?

When you legally evict someone and place their property on the street, the property is considered abandoned. The people who were taking it were comitting no crime.

35 posted on 08/23/2004 11:55:18 AM PDT by Modernman (Hippies.They're everywhere. They wanna save the earth, but all they do is smoke pot and smell bad.)
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To: CFW

Trailer parks are a racket to begin with.

You move into one largely because you can't afford to live elsewhere. So, in many cases, residents are young teens struggling to get by and elderly people, and people who work part time and full time jobs that don't pay too well.
The landlord can evict you at any time with notice. This means that you have to have a place to move your trailer if you own it. And you have to have between 800 - 2500 dollars to pay to move it banked. If you can't move it, you lose it. Or, they evict you from the property and continue charging you rent until you make arrangements. In either case, they have you over a barrel.

I lived in a trailer park for 9 years. The last mobile home I lived in before getting a good job and a real house, they're still trying to tax me on though I never owned it.
The park managers lied about my owning the place and the local assessor's office is now telling me that my word for when I left there doesn't count with them because they've already taken the word of the park owners on when I left there - (so that the park owners don't have to pay taxes on a home they never titled). There's a whole lot more of a story there - quite involved; but, upshot is, they are still trying to screw me on it.

Don't ever ever ever live in a trailer.


36 posted on 08/23/2004 11:57:10 AM PDT by Havoc (.)
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To: monday; Chemist_Geek
If you are ever caught by responsible law enforcement, while doing this, you will very likely be charge with looting, unless a court deems the property abandoned for legal purposes.

In Illinois this isn't the case. If someone has refused to vacate and his possessions are placed outside, they're free for the taking. Of course, if the guy gets a moving van and is in the process of loading them, then this probably wouldn't hold. Otherwise, if they're sitting there unattended, they're abandoned and are considered fair game.
37 posted on 08/23/2004 12:03:48 PM PDT by aruanan
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To: cyclotic

"Happy now?"

I can tell you are a rookie. I used to take it personally when tenants took me for a ride as well. For your own sanity, it is best if you stop that now.

Develop a non emotional method of dealing with deadbeats and stick to it. Don't even listen to tenant excuses. Accept that you will lose a certain amount to deadbeats as a price of doing business. If you cannot deal with deadbeats unemotionally, you should probably look for another line of work, as this one will drive you crazy.


38 posted on 08/23/2004 12:03:56 PM PDT by monday
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To: Modernman
When you legally evict someone and place their property on the street, the property is considered abandoned. The people who were taking it were comitting no crime.

That's a load of horsesh!t. The property is no more abandoned than a wallet dropped on the street or a bicycle left unlocked in public.

39 posted on 08/23/2004 12:04:36 PM PDT by BearCub
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To: cyclotic
That's nothing. If you're smart (and a total scumbag) you can live about 2 years in New York City without paying any rent.

You move in in July or August and never pay rent. It takes about 6 months for the case to actually make it into court. You then claim harship because it's winter, so the court stays the proceedings until the spring. Hopefully, the case gets bumped back until winter rolls around again. If things go your way, you get to live rent-free for a couple of years.

40 posted on 08/23/2004 12:05:16 PM PDT by Modernman (Hippies.They're everywhere. They wanna save the earth, but all they do is smoke pot and smell bad.)
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