Court admits mistake, but Nampa woman still out of a home

Summary

Natalie Whitewater is a mother of two with another on the way, and never thought after eight months in a Nampa apartment she would be forced to leave.

Story Created: Dec 18, 2009 at 3:16 PM MST

Story Updated: Dec 18, 2009 at 4:14 PM MST

Court admits mistake, but Nampa woman still out of a home
NAMPA - A Nampa woman says a mistake made by the Clerk's Office in Canyon County could now force her family to be kicked out of their home for good.

Natalie Whitewater is a mother of two with another on the way, and never thought after eight months in a Nampa apartment she would be forced to leave.

"September is when we realized that the heaters didn't work," the local mom said. "September was the first time when we told the landlord our heaters don't work."

Whitewater admitted, she stopped paying rent until the problem was fixed, and said that led to an eviction notice. On Thursday morning, Natalie showed up for her hearing at the Canyon County Courthouse.

"I (was) looking on the board for my last name, which is 'Whitewater,' and all I see is 's's.'"

She went to the Civil Clerk's Office to find her courtroom. Whitewater says a clerk told her Courtroom 1. Natalie went there, but 45 minutes later, she realized she was in the wrong room. She missed her hearing, and the judge ruled in favor of her eviction.

"That clerk gave them the information where that judge normally holds court, which is Courtroom 1. (But on that day) the judge was not meeting in Courtroom 1," said Brad Jackson, chief deputy clerk.

Jackson said it was not Natalie's fault - she was told the wrong courtroom, and admitted they made a mistake.

But Canyon County's Trial Court Administrator said once a judgment is made, the case cannot be opened unless an appeal is filed.

"We feel very badly for what happened," Jackson said.

Jackson said they're reviewing policies so this does not happen again. But for Whitewater, it's a little too late.

"I've got two children. It's in the middle of December. Where am I going to go?"

Whitewater said she is going to try and appeal the judge's decision. But she was told she could only appeal up to three days before she is evicted. Whitewater said an eviction notice was posted on her door Friday, which said she needs to be out by Monday.

2News has left messages with the owner of the property, and the attorney believed to have represented the owner in Court. So far we have not heard a response.

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