Family vacation turns into nightmare after eviction due to wrong address in Oak Park

OAK PARK, Michigan. – After an eviction, Erica Montgomery found herself in a situation she never imagined.

The Oak Park Mom has lived in the Oak Park Manor Apartments with her husband and son for four years.

Montgomery says they always paid the rent and never caused any trouble. In April, she received the first eviction notices on her doorstep.

“It had my address on it,” Montgomery said. “I was worried because this person doesn’t live here, but I’m worried because they’re going to put my stuff out if he doesn’t do what he needs to do, but they’ve reassured me every time.”

Montgomery says the last letter arrived on Tuesday, August 6. It said she had 24 hours to move out and return her keys or she would be evicted.

She went back to the lease office with a copy of the letter. She said she was told it was a mistake, not to worry, and that the clerk would have to pick up her keys to even get in.

She had gone on vacation with her family and learned on the way back that a court officer from the 45th District Court had begun the eviction.

“They called me and said we apologize, but they had put your stuff out. They noticed it in the middle of it and brought all the stuff back in,” Montgomery said.

Management of the apartment complex declined to answer questions, but the court did provide Local 4 with some information.

The court said the apartment complex’s attorney sent the summons and complaint to the wrong address.

“As it turns out, this was neither the apartment nor the person in the complex that was behind on rent, and they intended to vacate the apartment,” Montgomery said. “The court was never informed that the summons and lawsuit were sent to the wrong address, and the lawsuit worked its way through the court system. When the writ of eviction was executed (with the wrong address on it), about halfway through the eviction, the court clerk realized the writ of eviction was incorrect and stopped the eviction.”

The court administrator further stated that when the incident was discovered, the attorney who had incorrectly filed the documents was notified and asked for a written explanation, but has not yet received a response.

We also contacted the attorney to find out what happened and we are still waiting for a response. The Montgomerys are wondering who is responsible for their lost and damaged items.