Reply Mc Mannis
Mr. Avendano: See letter response attached hereto. John McManus, attorney for Mr. Plunkett
John J. McManus & Associates, P.C.
4500 Hugh Howell Road, Suite 510
Tucker, GA 30084
770-492-1000
770-492-1100 [fax]
800-849-8498 [toll free]
jmcmanus@mcmanus-law.com
From: claudio@metroecho.com [mailto:claudio@metroecho.com]
Sent: Monday, November 28, 2016 3:10 PM
To: John McManus <JMcManus@mcmanus-law.com>
Subject: Dispossessory Claudio Avendano, 155 Liberty Road, Villa Rica, Georgia
Dear Mr McManis,
You may be aware of an incident between the new building owner and myself, below is a statement I gave to the Villia Rica police department the morning after on November 24th.
There was a camera taken, could it be returned via mail to P.O Box 401 Winston Georgia 30180, please also use this address for all communication. Email is best for me.
I assume that this event was because there has not been a dispossessory filed, please keep me informed.
I am certain you know how difficult something like this can be, and what worse timing Thanksgiving eve.
Please advise the new owners to respect my tenants, and my, legal rights.
Thank you,
Claudio Avendano
November 24 2016
Yesterday, I, Claudio Avendano, upon arriving at my property a 155 Liberty Road I found the gate locked by the new purchasers of the property. The locks to the building had been changed, my surveillance camera stolen, and the lights left on in my premises.
I called Steve Cotton, and he told me he had changed the locks and if I wanted my things that were inside the property he might give me 24 hours, but I would need to sign a document that stated I had vacated the property.
I told Steve Cotton that he had no right to change the locks, that only three days ago Federal Bankruptcy Court had lifted the stay on the property, and granted the exercise of state rights. That I was now a tenant at suffrage or will, and that the new owners although now owning the property were subject to the tenant rights. In Georgia a dispossessory is required and then a writ of possession before the owner can enter a tenant's property. John Marshal of NB Contracting has a lease on the property, and there are storage tenants that also have rights that can not be violated by a new owner.
Mr Cotton insisted and said that he would not unlock the building unless I signed a document that I had vacated the property. I said that he could not keep me away from my property and that I would sign any document he wished, but that would be under duress.
He said he had nothing more to say to me, where I told him I would cut the chain and enter. He replied, "Try it and see what happens" and ended the conversation.
I then remove the lock and entered my premises, and found the lights on and my surveillance camera stolen. I called the Douglas County Sheriff's office, and filed a report of the new owners transgressions and potential threats.
Later that evening Steve Cotton and Jarrod Plunket arrive at the 155 Liberty Road property with the Villa Rica police, a bolt cutter, and other tools to break in. The police explain to cotton and Plunkett that they can not break in, that they must abide by the legal procedure and file for a dispossessory.
A couple of weeks ago I found my cat missing, I called John Marshal my tenant and he said that he had taken the cat home with him, because of what appeared to him to be a threat to the cat made by Jarrod Plunkett on one visit he had made to the Liberty Road property.
Plunket saying, that when he is owner of the property he will kill everything on it, and then he looked to the cat. This making John Marshal afraid for the cat and taking it home for care.
I have a clothing business on premises whose clothing both Cotton and Plunket have shown interest. While invading the premises and taking my surveillance camera , did clothing go missing as well? An inventory will be required to see.
I am dealing with a complicated bankruptcy I have sensitive documents here. Were they in my office or going through my personal things?
I have storage clients whose items are on the premises are items of theirs missing?
Ownership is not possession. There is a reason why we have proper legal procedures in place to take possession of property.
I respectfully request that Steve Cotton and Jarrod Plunkett not again violate my rights or the rights of my tenants and stay away from the property until the conclusion of the proper legal process required for possession.
Claudio Avendano
404 520 3333
