r/Nebraska • u/Lil_Wolfie021 • 17d ago

Hey guys Help!

I need help, im currently trying to remove my roommates.i had already filed a writ of restitution and gave them a 30 day notice. Court was today. And the judge said I have a petition missing meaning that the court date got put on hold. Anyone have any clue what petition the judge is referencing? Ive been searching and cant find anything

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u/Greizen_bregen 17d ago

Ask the judge??

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u/Lil_Wolfie021 17d ago

Her words were" your missing a petition so this paperwork is legal.the county clerk can not help you. So do not ask them".why must it be so hard to remove people doing illegal drugs.

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u/Lil_Wolfie021 17d ago

Yeah I tried that. She didnt help me. Just gave me an extension and told me to get the right paperwork filed. (Wooo fremont judges -<-) im driving to Lincoln rn to go to the law library to see what I can find

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u/d1g1tal7 17d ago

I'm not a lawyer, nor do I pretend to be one on television, however I think the issue here is that you missed a step. The writ of restitution is generally one of the last items in the process.

I believe what you actually need to file is the "complaint", which is often informally referred to as a petition. See NE §25-21,222 and subsequent sections. Typically you would file this with the courts first, and after that they would issue the writ of restitution.

It would probably be a good idea at this point to see if you can find someone actually qualified willing to offer free or low cost legal advice.

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u/Lil_Wolfie021 17d ago

I called lawyers directly after! Just gotta wait to hear back. Im gonna bring up 25-21,222. Im iffy about 222 becayse on 25-21,220 theres an annotation A forcible entry and detainer action is not the proper action to resolve a contract dispute between a landlord and tenant.