OAK PARK, Mich. – Erica Montgomery found herself in a situation she never imagined on the other side of an eviction.
The Oak Park mom has lived in the Oak Park Manor apartments with her husband and son for four years.
Montgomery says they’ve always paid rent and never caused any trouble. In April, she started receiving eviction notices at her door.
“It had my address on it,” said Montgomery. “I was concerned because this person doesn’t live here, but I’m concerned because if he doesn’t do what he has to do, they’re going to put my stuff out, but they reassured me every single time.”
Montgomery says the last letter arrived on Tuesday, August 6. It stated that she had 24 hours to move out and turn in her keys; otherwise, she would be put out.
She went back to the leasing office with a copy of the letter. She says they told her it was a mistake, that she had nothing to worry about, and that the court officer would have to get their keys even to get in.
She left for a family vacation and, on her way back, learned that a court officer from the 45th District Court had started the eviction.
“They called me and said we apologize, but they did put your stuff out. They noticed midway and brought all the stuff back in,” Montgomery said.
Apartment complex management refused to answer questions, but the court provided Local 4 with some information.
The court says the attorney for the apartment complex filed the summons and complaint with the incorrect address.
“As it turns out, that’s not the residence or person within the complex that was in arrears, and they intended to evict,” Montgomery said. “The court was never notified that the summons and complaint were filed with the incorrect address, and the suit worked its way through the court system. When the Writ of execution was executed for eviction (with the incorrect address on it), the court officer determined roughly halfway through the eviction that the order of eviction was incorrect and ceased the eviction.”
The court administrator went on to say they informed the attorney who filed the paperwork incorrectly once they realized what had happened and requested a written explanation, but they hadn’t heard back yet.
We also contacted the attorney to find out what happened; we’re still waiting for an answer, too. The Montgomerys are wondering who will be responsible for their missing and damaged items.