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Gosh we found her on Craigslist. She seemed totally fine, and she has a Harvard email....(please don't me...) We would never thought people would just walk away like that
I'm not going to you...as I said..there are good and bad landlords on CL. There are good and bad sellers and buyers on CL...you just have to be cautious.
Have you sent letters (CRR) to any of these addresses??
You can sue her in small claims, just have the papers served at multiple addresses and add the cost to your claim. When she doesn't show up and you're awarded a judgment, you should be able to attach a lien or garnish wages. If she is US Army Reserve, I'd be calling them to get a hold of her.
That judgment will sit on her record for ten years and unless it's satisfied you can always renew it.
OP, in your certified letter advise her you will use all remedies to make yourself whole. And, let her know this includes notifying her command of her unresponsive attitude on a debt she owes. Then do it. Find out what area she's in, and send a certified mail to a CO. Maybe someone in the military forum can assist re: Reserve units and their structure. Most commands detest handling deadbeat claims. (Some may even try to desuade you trying this, but debt collectors use this technique all the time and a certified letter will get their attention)..
When you notify command, state she is nonresponsive to your communications and you are preparing to file suit.
Thank you so much for your suggestions. Very helpful. I will start the small claim court process.
I have sent demand letter to her to the address she requested in the lease, however she was not there to pick it up.
Quote:
Originally Posted by Kim in FL
I'm not going to you...as I said..there are good and bad landlords on CL. There are good and bad sellers and buyers on CL...you just have to be cautious.
Have you sent letters (CRR) to any of these addresses??
You can sue her in small claims, just have the papers served at multiple addresses and add the cost to your claim. When she doesn't show up and you're awarded a judgment, you should be able to attach a lien or garnish wages. If she is US Army Reserve, I'd be calling them to get a hold of her.
That judgment will sit on her record for ten years and unless it's satisfied you can always renew it.
Thanks a lot for the kind advice. I will try to put this on her record at all costs.
Quote:
Originally Posted by SmartMoney
OP, in your certified letter advise her you will use all remedies to make yourself whole. And, let her know this includes notifying her command of her unresponsive attitude on a debt she owes. Then do it. Find out what area she's in, and send a certified mail to a CO. Maybe someone in the military forum can assist re: Reserve units and their structure. Most commands detest handling deadbeat claims. (Some may even try to desuade you trying this, but debt collectors use this technique all the time and a certified letter will get their attention)..
When you notify command, state she is nonresponsive to your communications and you are preparing to file suit.
OP, in your certified letter advise her you will use all remedies to make yourself whole. And, let her know this includes notifying her command of her unresponsive attitude on a debt she owes. Then do it. Find out what area she's in, and send a certified mail to a CO. Maybe someone in the military forum can assist re: Reserve units and their structure. Most commands detest handling deadbeat claims. (Some may even try to desuade you trying this, but debt collectors use this technique all the time and a certified letter will get their attention)..
When you notify command, state she is nonresponsive to your communications and you are preparing to file suit.
This is what I would do. Your mileage may vary.
Actually, This is no longer allowed in the military. (I believe it was codified in either 2014 or 2015). They can only now act if a legal judgement was issued. Congress felt, and the DOD agreed that military service members have due process rights just like a civilian. There was a lengthy discussion and analyse of the new requirements in the Military forum of CD. Now, that doesn't mean all units have comprehended and put it into practice, so they may still help you out. However, if they ask for a judgement and you can't produce one they may just tell you to get lost. Additionally, the command is required to tell the service member that they have the legal right to file a complaint for violating the FCRA if their command is contacted specifically about or over the debt without the legal requirements of that state. Times are changing.
We just filed the claim at the court this morning. I said I am not sure if defendant is in military service in the Affidavit. Will collect all the document and see what the judge will say in a month!
The landlady was eventually served, and filed a counterclaim for "damages for defamation and slanders resulting in loss in employment opportunities". In a later phone call we got hold of her, she was upset that we contacted Army Reserve and somehow her commander talked to her. She thought we should have waited "patiently" since she had her property there and would not run away from 3000 dollars.
She also had a continuance request. And she did not show up at court.
We won the judgement, her counterclaim was dismissed without discussion. She now has 10 days to appeal.
Thanks for all the support I got from here. Hope our experience can be helpful to others!
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