I wish I were making this up but I am not. I am facing my third Writ of Restitution during the “federal moratorium” on evictions which was extended until the end of March. My third trial is this coming Thursday, February 4th at 8:30 AM. I have less than a week to prepare my case and the plaintiff hired an attorney and wants me to pay for her attorney.
I couldn’t make this stuff up if I tried. I am taking a break right now to prepare my evidence of six months of on-time and in-full, certified mailed payments of my rent to which Anna Lopez and Kelly Obeso have failed to deposit. I have not been provided a reason for eviction, only some ridiculous legal jargon on “good-faith” which I am looking forward to knocking out of the park and a statement that their new attorney is praying for the Judge to evict me (rude). I am a quite tenant. I have a three year old daughter and we do our own thing. I am polite and kind to my neighbors. I pay my rent and bills on-time and in-full. I have expressed a sincere attitude of gratitude for the affordable housing I find myself living in during a time of excessive rents and poor quality housing for many in Albuquerque, NM.
I have not responded in kind to two previous Writs of Restitution. The true story of the matter is the corrupt property managers tried to shake me down for more money and I told them no. Yes folks, not every landlord is poor and innocent, some are, in fact, taking advantage of the pandemic to harass, stalk, torment and at least attempt to throw out tenants they just don’t like without any particular legal reason to justify it.
The second Writ of Restitution was Dismissed with Prejudice, Anna Lopez from PMI did show up for this hearing and she lost badly. Her baseless suit, filed after depositing my rent check on the first of the month was nearly laughed out of court. The Judge even tried to help her out by asking if she deposited after the 5th, she of course took the bait and attempted to lie, however, I had a copy of her deposited check on my exhibit list and of course, pointed this out which saved my butt. If there is any saving allotted in this miserable situation.
I did attempt to get an attorney after the first Writ of Restitution was filed which did not work out. She told me I had three days to grab my stuff and run even though I kindly explained to her, “she is evicting me for non-payment of rent yet my rent is paid up and I can prove it.”
I have been maintaining my residency and business here nearly a year now after I received this “professional” advice and obviously going it alone for good reason. By the way, if you are reading this, thanks to you, this is a win for me no matter what. A pro se litigant managed to do better representing herself in an eviction matter compared to an experienced attorney with law school under her belt – you should feel damn embarrassed and you’re lucky I’m intentionally leaving your name off this post. No, your bully of a boss did not deter me from filing a complaint with the NM bar association, I am simply too busy and important to be bothered and I am ironically grateful you left me alone to fight for my own interests.
Welcome to Albuquerque, NM as PMI recently hired an attorney who re-filed with the Judge who dismissed our first case. Why can’t it wait a month until the moratorium expires? Why did the local courts allow him to file after the last dismissal with prejudice? To this friends, I say, only in Albuquerque, NM.
Since I realized this woman, Anna Lopez, had a personal, weird grudge against me in the second hearing and only saw her next move from a mile away, I started mailing my rent checks via certified mail. How smart of me but I am seriously fighting the urge to turn into an empty-shell of a person the longer she is allowed to work here and hurt innocent families, small businesses and good tenants during an ongoing global crises at that.
I have a beautiful and wonderful daughter to protect and fight for who deserves a comfortable home in a better school district. I have a successful business with clients and local families who trust and rely on my services to better their own lives and families. I will not surrender. I will not go away in shame. I will hold my head high and fight with every grain and the mountain of evidence to prove that this is discrimination and the new property management company, PMI, specifically Anna Lopez and Kelly Obeso need to be fired and barred from ever working in affordable housing again. A restraining order to protect my child and I would be amazing too.
Well, back to our soap opera of a life. I am truly boring as hell and do not get this one bit. I wish it made me feel even a fraction of sexy considering I am turning 38 years old soon but it does not. I truly wish they would simply move on and leave me alone. I will update my blog after next Thursday’s hearing. I have a strong case, plenty of evidence, and I am only praying for justice and an end to this pervasive and extreme landlord harassment which has been going on now for nearly a year.
I know I am not alone in this and my heart goes out to any other families who are going through something similar. May god, the law, faith, and everything else you’re made of be with you.