Mil Filed Retaliatory Ejectment Summary, Utilities Expected To Go Off Tomorrow

Location: North Carolina

My mother-in-law recently filed ejectment summary lawsuit to evict me out of the house after I filed for a divorce/alimony and child support against her son, my soon to be ex-husband. The property in question is hers, although she has not lived here in six years.

She admitted it in a text message that because I am “reporting everyone to the white people” aka legal system, that she wants me out of the house. I live here with my disabled child, and we recently entered a court agreement in which our child spends one week with me and the following week with their father.

Soon to be ex-husband who lives out years ago has been withholding financial support since last month and refuses to provide support because he wants to go through the “proper channels” but has been avoiding being served for child support for a few months now. I have been primary parent and caregiver for eight years of our child.

MIL put Internet service on seasonal hold and took me off as an authorized user on that account. She also added a passcode on the utilities, and I am unable to pay it without that password. I had previously paid the Internet and electric bill for the past 6 years and have proof in the form of bank statements Utility company confirmed that the password was added the same day I went to court for divorce. The case was continued while we wait for alimony to be heard.

A few weeks ago, the magistrate determined that because MIL never asked for rent that she was not my landlord. Two hours after that case was dismissed, she texted me a seven day notice. On day eight when I remained in the house, she filed the current ejectment. Still waiting for the sheriff to serve me with the summons.

I have lived in this house for 9 years and even though I am not a tenant, I am a tenant at Will. She revoked her permission for me to stay in the house in a letter, but that letter is not enforceable.

Tomorrow is the disconnection date for the electricity and my child will not be at the house this week. I am unemployed, but seeking employment. A bit difficult because lack of transportation and child schedule. Even when my child is with me, I still have medical appointment to take them to and I have to rely on medical transportation, which often takes all day.

Same situation happened last month and texted MIL to let her know that it is important that the lights stay on and she told me not to send her threatening messages again. But she ended up paying it.

Temperatures are dropping and not sure what I am going to do. I know it is illegal in North Carolina for a landlord to conduct self-help eviction by cutting off the utilities.

Ex works for CPS. I have reached out to DSS and churches for assistance with utilities, but they need permission from MIL since account is in her name.

I’m feeling lost and not sure what to do. Have reached out to different shelters and they have waitlists. I’ve also reached out to child’s teacher and school social worker.

I’m scared MIL and ex will use this eviction /lack of stable housing to file for full custody and claim I am an unfit parent.

Don’t have family or friends in the area that can help financially or put me up in their house.

I plan on staying in the house until magistrate/court order evicts me.

TIA.