Wednesday, January 10, 2018

Failure to affix Missouri county seal points to our eviction being invalid -- and it means landlord, sheriff, and others might have engaged in federal crimes, which are punishable by up to 10 years in prison

Multiple forms in Greene County, Missouri, state that the county seal must be affixed to a document for an eviction order to be valid. The words are bolded in red, so they are hard to miss. Here they are:

The seal of the Greene County Circuit Court must be affixed for this execution to be valid.

We had at least three documents attached to our door in August/September 2015, when landlord Trent Cowherd launched eviction proceedings. None of them included the Greene County seal. (See here, here, and here.) That strongly suggests our eviction on Sept. 9, 2015, was conducted without a valid court order. It also might point to federal crimes, which can carry hefty prison sentences.

Since public documents indicate both Cowherd and his attorney, Craig Lowther, have almost 50 years of experience with tenant/landlord issues, it's hard to figure what excuse they would have for getting this wrong.

Why the requirement regarding the county seal? Our guess is that, without it, landlords and their lawyers routinely would evict tenants outside court authority. Such "self evictions" are unlawful in Missouri, Alabama, and probably all 50 states. And that is what Cowherd and Lowther apparently did in our case.

We have cited at least 10 grounds upon which our eviction was unlawful, but this might be the most blatant of all. It indicates Cowherd and Lowther are true rogues -- knowingly acting outside the law -- and causing serious damage. In our case, the unlawful eviction led to cops shattering Carol's left arm so severely that it required trauma surgery -- plus Cowherd's eviction crew, according to statements from a neighbor named Fred Jones, were seen stealing many of our personal belongings.

Is it a good idea to conduct an eviction outside the auspices of a court? No, it isn't. It's a blatant violation of civil law -- and, since it involved collaboration with the state (Green County Sheriff's Office), it could point to a federal crime under 18 U.S.C. 242 (Deprivation of rights under color of law).

If Cowherd and Lowther think Carol and I can be a legal pain in the neck, they might soon learn that we are a joyride when compared to FBI agents and federal prosecutors. That also likely would apply to Greene County Sheriff Jim Arnott and his associates, Greene County Prosecuting Attorney Dan Patterson and his associates, and anyone else involved with a conspiracy to trample our civil rights.

Consider this section from 18 U.S.C. 242:

. . . and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years,

Did bodily injury result in our case? I'd say the comminuted fracture of Carol's left arm constitutes a bodily injury. Were dangerous weapons used? I'd say the assault rifle that was pointed directly at my noggin' constitutes a dangerous weapon. How steep can the punishment be? A fine and up to 10 years in a federal big house. Ouch!

Do the a-holes who pulled off this little charade have some legal problems on their hands? I'd say the answer is yes. Those problems could grow to have enormous consequences, way beyond possible civil damages. And it could be caused, to a great degree, by a failure to pay heed to warnings in red on two documents -- as shown here and here. (The documents, with their red warnings, also are embedded at the end of this post.)

Why would the Missouri mafia resort to such tactics, conducting an eviction completely outside the authority of a court? In our view, it adds to evidence of an "Alabama Underground Railroad" that wanted Carol and me and our late kitty kat, Baxter, thrown on the streets -- pronto. Consider some of the legal niceties, involving lawful evictions, that the mafia boys and girls ignored:

* Missouri law requires rent be late by one month before initiating eviction proceedings. Ours was late by five days, and it wouldn't have been late at all if we had not been told we were going to be forced out whether we paid it or not;

* Missouri law requires that a judgment be final before the 10-day window for filing a notice of appeal can appeal. Our judgment never became final because a hearing on Oct. 1, 2015, became a moot point when we were evicted on Sept. 9 by virtue of an interlocutory (non-final) judgment.

* Missouri law requires that a judgment -- a non-default judgment, in any type of case -- does not become final for 30 days. That means our eviction could not lawfully have happened until sometime around mid November 2015.

* Missouri law holds that the timely filing of a Notice of Appeal puts a stay on execution of a judgment, such as an eviction. As it turns out, we actually filed our Notice of Appeal too early --  premature application, if you prefer. We paid required fees, and payment of bond also is required for a stay of execution. Bond is determined by the amount of the judgment, and anyone can check the docket in Trent Cowherd v. Roger Shuler and see there was no money judgment against us, so there could be no bond. In other words, our eviction was stayed, but the Missouri mafia wasn't about to let anything stop its thugs from their appointed rounds.

Our eviction was conducted so far outside the law it might as well have been held on Front Street in Dodge City -- with Matt Dillon, Doc Adams, Festus, and Miss Kitty gathered around to watch.

Why were the Missouri Mafia and the Alabama A-holes so determined to make sure we were terrorized -- our lives turned upside down -- in September 2015? Why did my own brothers -- David (the lawyer) and Paul -- add to the turmoil by seeking to have Carol and me declared disabled and incapacitated in Sept./Oct 2015?

We think we know the answer to those questions -- and it provides the likely reason Cowherd, Lowther, Arnott, Patterson, my brothers, and others were willing to act so far outside the law, to essentially bury us in abuse. A very important date was looming as this campaign of terror was launched. It was designed to truly make us disabled, to keep us from taking steps to assert our legal rights.

We will explain further in upcoming posts. For now, we encourage you to keep that time frame -- Sept/Oct 2015 -- in mind. It explains a lot, we think.

(To be continued)

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