Can an evicted guest/ non-paying tenant have a POD delivered after eviction papers have been served and have some one else come remove her items without them present? Or does she need to be present to obtain her belongings.

If I have to evict someone it is because I failed to achieve a situation where both parties can agree that it is time to go. So since they are un-cooperative, what benefit are you trying to achieve by inviting them back to the property that they were removed from?

If it is to pick up their belongings that they left behind when they were being un-cooperative, I would ask you that same question again - what benefit are you trying to achieve?

It sounds like you had a guest who overstayed their welcome.

If you had to go to court to get them to move out, then certainly it is no longer a friendly relationship.

If she has left & needs to pick up some items she left behind, I would let her have them. It would be understandable that, since the relationship soured as it did, that you both may not want to see/speak to each other.

Therefore, it seems like a good idea for her to send a third party to retrieve her things. Just make sure she has given permission for them to do it. A text should be fine.

If this is your own home, why did you have to evict?

Could you not have just put their stuff out and tell them to leave?

Did your child ask them to leave?

Gaye,

I sense there is more to the story.

Just be glad this person is out and restore your relationship with your daughter.

So lets be clear on where in the process you are. You said "after eviction papers have been served". Since I'm not clear at what point you are at, let me go through it step by step.

Sounds like you have filed the eviction suit with the JP court and they have served notice to this person that they have to attend the court proceedings. If this is where you are in the process then this person has not been evicted, you can not remove them or their belongings. If they are smart, they will be working on getting it removed as it sounds like they are.

The next step is the court proceedings. At that point, hopefully, the Judge will award you the eviction. If this person is present he will basically tell them that they need to get their things out and vacate the property within 5 days. If you are at this stage then yes, they should be working on getting their property out of your house, that may mean having another person remove it for them. You can not remove it though as you have not yet been given possession.

If they don't get it out in the 5 days then you will have the Sheriff proceed with eviction (usually paying the Sheriff's fee). He will deliver a notice to this person and tell him that he will return in 3 days to set their property on the curb. Again, you can't do anything at that point, they should be moving their stuff out as instructed by the Sheriff.

Finally, the Sheriff will show up at the appointed time scheduled with you and you will need to provide the labor to move their stuff to the curb. The POD is a challenge I haven't experienced before, I would call them when the Sheriff gives you a date/time and tell them they need to have this removed from your property on that date. Once the sheriff gives you "possesion", you can change the locks and they can not re enter your house.