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Updated over 15 years ago on . Most recent reply

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Property Foreclosed, me booted & want to file in small claims, please advise

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I am in VA. I am thinking of filing something will small claims but I don’t want to look stupid so please read on and tell me if you think it is worth it.

Started a new lease in Jan 2008. Now the lessor owned a little company and would sign his name for such and such company which was his, but his company was said to be leasing the property out to me.

In Feb in March the house was almost foreclosed on but he fixed it and stopped it. I could not stay in the house comfortably after that b/c I never knew if it was going to happen again. Well wouldn’t you know that at the end of July there was a court document on the door for a court date for him and jane/john doe (me) to attend if we liked. Apparantley this property was taken back by the bank in June!! Well needless to say when I rented out the place I put a deposit down AND I paid July’s rent. We were not put out until September but that is beside the point.

I guess my confusion is with the lease agreement and his company name being the one leasing the property, but he signed everything and HE owned the property, not his company. Please advise!! Thanks!!

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Frank Adams
  • Loveland, CO
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Frank Adams
  • Loveland, CO
Replied

Re-reading your post I agree with Jon. It doesn't sound to me as though you have any DAMAGES, and you if you're planning on suing the INDIVIDUAL it is likely a WASTE OF TIME and MONEY.

Over 95% of all judgements against individuals in the US are WORTHLESS. Mainly because the person being sued is JUDGEMENT PROOF. So, even if you win, easy to do in small claims, how are you going to collect?

Save your $50 filing fee, get on with your life and enjoy the holidays. Oh, and NEVER pay a last month's rent again.

Frank

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