Hello everyone! I am more than a little lost, so I am hoping some of the kind people here can throw some advise my way. I apologize if this is in the wrong forum.
TLDR; Do I have permissible purpose to pull a credit report on this landlord? How do I collect on this judgement? Seriously, what the hell?!
I attempted to rent a home. Lease signed for March 1 move in, deposit, pet deposit and first months rent paid up front. Move in day was approaching and the home owner (the home was owner occupied, they were moving out) starts to inform of delays in their move out. After a few delays, and to the point of move in day (March 15 adjusted a few times over) with no keys or solid move in date, I had to extend what was my current lease at a premium to remain in my previous home.
In the meantime, I was looking for other properties in the area to rent just in case, and wouldn't you know it, the property is again advertised as a vacation rental with immediate availability. Someone I know contacted the number and asked about the rental, and I confirmed the number was the same as I had been corresponding with. At this point I talked to a lawyer informally, because I had a very bad feeling about the deal. I had caught the home owner in several lies and I was in a precarious position as my notice was again expiring with my previous landlord. It was getting expensive all around and I was out several thousand dollars.
Finally, a few days after what was supposed to be my move in date, the home owner of the new property advised me that a real estate investor wanted to buy the property for cash and turn it into a weekly vacation rental (lol). He did not want to take over our lease. The home owner asked to cancel the lease and give us our money back. I was honestly relieved at that point. In the next couple of days the home owner gave me a check from an account that did not reflect the names I had been dealing with, signed as one of the people who I HAD been dealing with. The bank was not local, and was not one of the 2 bank accounts we had previously transacted with. HUGE red flag for me.
I called the issuing bank who said there was money in the account and the check number was valid. I drove 2 hours across state lines to cash it at the branch with the manager I had spoken to, at the advisement of my lawyer. He was concerned that it would be stop-paid, reported as stolen, or bounced. Due to the size of the check, the bank checked the signature card on file and advised it didn't match, along with other discrepancies they said they couldn't disclose to me. They wouldn't cash it. SURPRISE! I was advised by the bank and my lawyer to not deposit the check, as I would get in trouble for depositing a check that I had been informed was invalid.
Lawyer advised that I ask for a replacement of the check in certified funds. I asked for just that : a cashiers check, cash with a receipt, a bank wire, a check from a local account bearing their name or a money order. Landlord lost it BAD (got verbally abusive and threatening), so I redirected them to contact my lawyer and I had zero further contact. Demands were made for payment by my lawyer, landlord says pet deposit is non-refundable, lawyer says full amount is due because we never moved in. Landlord also wants his check back. We take photocopies, etc. Lawyer sends back the check. Landlord pulls the 'check is in the mail' story for a few weeks. At that point, my lawyer is informed that the landlord isn't keen on paying and to take him to court because he has a lawyer and is fighting it. We set a court date.
Court comes and goes. Landlord does not show. I win by default. I register the judgement in the old and new states/counties. Turns out that in the interim, they did purchase a home in another state. My thought is they probably had a hair brained idea to make money off of their 'vacation rental' but they needed a leased tenant to satisfy their mortgage company. Fraudulent behavior, but whatever. I send an email and snail mail to the landlord and advise of the judgement amount and methods to pay. As it was during what would be normal work hours, landlord contacts my employer and accuses me of trying to collect a debt and threatening him on company time. Landlord also says they have a lawyer. Employer investigates and clears me, but also puts an informal written in my file for a company integrity violation.
I contact their lawyer who says he has never heard of this person, and I thank him for his time. I wait. I buy a home in yet another state. My lawyer advises me that the home owner is accusing me of attempting to break into his home while I was in my new home state. Nothing comes of that. Months later when my mail forwarding was expiring I sent a letter notifying of the change in payment address, updated judgement amount, and notification of interest accrual. The letter advises to contact me by mail to make arrangements. I never hear anything. Until last week.
Home owner says he wants to pay and have me vacate the judgement. I send over a DocuSign letter stating a settlement amount, a pay-by date before I rescind my offer, with a breakdown of charges. I advise in the letter that I will file satisfaction with the court upon receipt of certified funds as previously outlined, and at that point they are free to have their attorney file to vacate the judgement and as long as I have filed satisfaction, I will not contest it. Of course the landlord is pissed that they now owe more than had they just paid me in the first place. Threatens to file chapter 7 on me. I said 'Ok, have your attorney contact me when you file.'
About an hour after I did not crack at the BK comment, I receive back the signed document. I sign it and it's now completed. The landlord is claiming to have sent the funds via wire last week. Of course, it is not in my account. Not surprising. I advised that if there is confirmation information, I can attempt to locate the wire to assist. Radio silence. At this point (actually, a while ago), I want to be done with this person. They own the property that I was trying to rent free and clear as it was inherited, so the changes of chapter 7 resulting in non-payment is slim and outrageous at best. The house has now been up for sale for a year, and is steadily declining in asking price. It looks from the outside like they are hurting and my lien is making it worse.
So now, the question - what would you do? What can I do? Can I pull a credit report and possibly locate liquid assets? How can I collect on this? Would you just sit and wait?
