Eviction Judgment Case Reopening

IN THE MAGISTRATE COURT OF FULTON COUNTY STATE OF GEORGIA CASE NO. 24ED310535 * Lenox Park Blvd Owner, LLC d/b/a Aspire Lenox Park, Plaintiff v. ****anne Alardin, Defendant DEFENDANT’S MOTION TO REOPEN CASE AND VACATE EVICTION JUDGMENT COMES NOW, Defendant ****anne Alardin, and respectfully moves this Honorable Court to reopen Case No. 24ED310535 and vacate the eviction judgment entered on September *, *, pursuant to O.C.G.A. § *-*-*(d). Defendant contends that procedural violations, financial misrepresentations, noncompliance with federal CARES Act requirements, and Plaintiff’s bad faith conduct warrant such relief. This motion is supported by relevant case law, evidence of federal and state law violations, and documented harm to the Defendant. I. INTRODUCTION The eviction judgment entered against Defendant is invalid due to Plaintiff’s procedural failures, financial misrepresentation, and bad faith conduct. Specifically: *. The CARES Act notice issued by Plaintiff contained inaccurate financial disclosures, in violation of federal requirements. *. Plaintiff demanded payments exceeding the mediation agreement, inflating charges and misrepresenting financial obligations. *. Plaintiff’s negligent handling of Defendant’s property during eviction resulted in significant loss. *. Procedural errors in enforcing the writ of possession deprived Defendant of due process. Defendant seeks to rectify these errors, ensure compliance with applicable laws, and address the harm caused by Plaintiff’s conduct. II. FACTUAL BACKGROUND *. Misrepresentation in CARES Act Notice • On April *, *, Plaintiff issued a CARES Act notice containing an incorrect rent total, violating federal requirements for accurate disclosure (Exhibit H). • Courts interpreting the CARES Act have emphasized the importance of precise notices to ensure tenants understand their obligations (e.g., Elmsford Apartment Assocs., LLC v. Cuomo, * F. Supp. 3d *, * [S.D.N.Y. *]). *. Mediation Agreement and Subsequent Violations • On July *, *, the parties entered into a mediation agreement reflecting a consent judgment of $*,*.* (Exhibit A). • Despite this agreement, Plaintiff demanded $*,*.* and later nearly $*,*, breaching the agreement and misrepresenting Defendant’s obligations (Exhibit B). *. Lack of Accommodation and Escalating Charges • Defendant repeatedly sought payment accommodations to address delayed rent but was denied assistance (Exhibit E). • Plaintiff’s refusal to provide alternatives demonstrates bad faith and contradicts the purpose of the mediation process. *. Procedural Irregularities in the Writ of Possession • Plaintiff filed a writ of possession based on inflated charges rather than the mediation agreement, violating procedural requirements under O.C.G.A. § *-*-* (Exhibit F). • Case law affirms that improper service or execution of writs undermines the legitimacy of eviction proceedings (e.g., Brown v. TCI Cablevision of Georgia, Inc., * Ga. * [*]). *. Negligence in Handling Tenant Property • Plaintiff failed to secure Defendant’s personal belongings during eviction, resulting in loss of essential items, including electronics and medications. This negligence violates O.C.G.A. § *-*-* (Exhibit D). III. LEGAL GROUNDS *. Violation of Federal CARES Act Requirements • The CARES Act mandates accurate and transparent pre-eviction notices. Plaintiff’s incorrect notice misrepresented Defendant’s financial obligations, violating federal law and rendering the eviction process invalid (Exhibit H). *. Breach of Mediation Agreement • Plaintiff’s demand for inflated payments post-mediation constitutes a breach of the agreement. Courts have ruled that enforcement of agreements must adhere to their precise terms (Nash v. Reed, * Ga. App. *, * S.E.2d * [*]). *. Improper Fees and Procedural Irregularities • Plaintiff’s fees exceeded the *% cap under O.C.G.A. § *-*-*, and the writ of possession was issued based on inflated amounts, violating Georgia landlord-tenant laws. *. Bad Faith Conduct • Plaintiff’s pattern of misrepresentation, refusal to accommodate Defendant, and procedural violations amount to bad faith, justifying relief under O.C.G.A. § *-*-*(d)(*). *. Negligence in Property Handling • Plaintiff’s failure to safeguard Defendant’s belongings during eviction constitutes gross negligence under O.C.G.A. § *-*-* and entitles Defendant to damages. IV. RELIEF REQUESTED WHEREFORE, Defendant respectfully requests that this Honorable Court: *. Reopen Case No. 24ED310535 to address procedural violations, financial misrepresentations, and negligence. *. Vacate the Eviction Judgment entered on September *, *, as it was based on improper enforcement of inflated charges. *. Order an Accounting of Charges applied by Plaintiff to ensure compliance with federal and state law. *. Award Compensatory and Punitive Damages for property loss and emotional distress caused by Plaintiff’s negligence and bad faith. *. Stay Enforcement of the Eviction and recall any writ of possession based on inflated amounts. *. Schedule a Hearing to allow Defendant to present evidence and testimony regarding these claims. Respectfully submitted, Dated: ___________________ ****anne Alardin Defendant, Pro Se [Address] [Phone Number] [Email Address] EXHIBITS • Exhibit A: Mediation Agreement (July *, *) • Exhibit B: Emails Regarding Escalation of Charges • Exhibit C: Motions Filed by Defendant • Exhibit D: Inventory of Property Loss • Exhibit E: Legal Aid Correspondence • Exhibit F: Writ of Possession • Exhibit G: Lease Agreement • Exhibit H: CARES Act Notice (April *, *)

Can you double check my cites

Would incomplete work orders need to be added? Along with inconsistency practices in regards to towing vehicles