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Ex landlord planning to sue

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BellaK

Member
What is the name of your state?WA
To make a long story short, I had sent my ex landlord a rent check that ended up being stolen from her supposedly. The check cleared my bank before she notified me that it had been stolen. I told her she would get the money back once she supplied me with a police report and my bank investigates and returns the money to my account.She never did give me the police report, so I told her I was unable to give her that money.

We have since moved to WA and this all took place in MN. I heard through the grapevine that she is planning to take us to court over it. She doesnt know where we live so if she was going to sue us, would she need to come here to WA? She would have to serve us with an intent to sue notice right? Can she do that by publication in a newspaper in MN? Or would she need to locate us here and sue us out here? If she proceeded out in MN would she be able to get a default judgement?
 


BL

Senior Member
Did you ever notify your bank , the landlord claimed the check was stolden and not cashed by him/her ?
 

JETX

Senior Member
There is really a simple solution to this problem.
Get a copy of the check from your bank (both sides) and see who endorsed the check.

We have since moved to WA and this all took place in MN. I heard through the grapevine that she is planning to take us to court over it. She doesnt know where we live so if she was going to sue us, would she need to come here to WA?
*** No, she can sue you in MN as that was were the contract/lease was entered. Then, she could domesticate that MN judgment into your state to enforce it.

She would have to serve us with an intent to sue notice right? Can she do that by publication in a newspaper in MN?
*** Yes. And Yes.

If she proceeded out in MN would she be able to get a default judgement?
*** Very likely, yes.
 

BellaK

Member
There was no lease, we paid month to month does that make a difference? Also if we never receive notice that she intends to sue and since we don't live in MN we would not be reading any newspapers in order to see a general notice would that be grounds to get the judgement vacated? I have copies of the check both sides. And it has her name on the back .

I was always under the impression that she would need to sue us in the state in which we reside.
 

BellaK

Member
I wasn't dodging his question at all, if you would have read my response you would have noticed that I said her name was written on the back of the check. Thank you very much.
 

BellaK

Member
Blonde Lebinese said:
Did you ever notify your bank , the landlord claimed the check was stolden and not cashed by him/her ?
I notified the bank right away. Their response was without a police report there was nothing they could do. She failed to give me a copy of the police report or even a report # after being asked numerous times. So I told her that as soon as she gave me the info to give my bank we would settle the matter. Well, it must have not been that important because there was 2-3 months between the time that she claims her purse was stolen and the time that we moved out. I have a feeling that it was her daughter who stole the check and she didn't want to go to the police about it. If I was to have paid her in cash and she had her purse stolen with the cash I gave her in it , should I then replace the cash she had stolen? I think not.
 

BL

Senior Member
BellaK , If I didn't know better I would have wondered who you were replying to.
Good thing the forum let's you know.

Happy Trails has just replied to a thread you have subscribed to entitled - Ex landlord planning to sue - in the Small Claims Courts forum of FreeAdvice Forums.

It appears Happy Trails deleted their Post !! :rolleyes:
 

JETX

Senior Member
BellaK said:
There was no lease, we paid month to month does that make a difference?
No.

Also if we never receive notice that she intends to sue and since we don't live in MN we would not be reading any newspapers in order to see a general notice would that be grounds to get the judgement vacated?
No. As long as MN allows service by publication (it does in certain cases), then the judgment would remain valid.

Why not just cut to the chase and send the landlord a copy of the check showing her endorsement on the back and give her your current address, rather than to try to dodge this problem and take the risk of it backfiring on you??

I was always under the impression that she would need to sue us in the state in which we reside.
That is NOT correct.... as long as the plaintiff can show that jurisdiction is relevant (as in this case).
 

Happy Trails

Senior Member
Blonde Lebinese said:
BellaK , If I didn't know better I would have wondered who you were replying to.
Good thing the forum let's you know.

Happy Trails has just replied to a thread you have subscribed to entitled - Ex landlord planning to sue - in the Small Claims Courts forum of FreeAdvice Forums.

It appears Happy Trails deleted their Post !! :rolleyes:
**Yes, I was trying to the delete the post, when I had realized I had misread. I was listening to the "Judge Judy" verdict and tried to stop the submit, but didn't know how. It took almost 5 minutes to complete deletion and now I know why. The poster was already responding to my thread which delayed my correction. My apologies to the poster.
 

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