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Fraudulently Induced into signing promissory note Help!

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izzy625

Junior Member
What is the name of your state? Michigan
I hope this belongs here, I realize that it is landlord/tenant but we are in civil court so here goes: I was looking for an apartment to rent and found one I liked not realizing that it belonged to an old landlord of mine that I had rented from over 7 years ago. I had moved out prior to my lease expiring at that time and as far as I knew the landlord never pursued any damages or anything. Rent was paid up and the place was left in good condition.

So after running my credit check he tells me that he does in fact have a money judgement against me and that it was for 3,000 dollars. I foolishly took him at his word and agreed to make arraingments to pay him. After signing the promissory note, I obtained a copy of the judgment and saw that he was only awarded 700.00 and that he lied to me about the amount. At that point I had no idea whether he just made up a number or whether he was charging me at a very high interest rate. I have since found out that this is all rent he says I owe, no mitigating of damges apparently, because it would appear that he is claiming to have never re-rented the apartment.

When I tried to ask him for his accounting he refused to give me any telling me that I owed him what he says I owe him, and refused to speak to me again. So I sent a letter, along with my accounting of the interest on the judgement, a copy of the judgement and even a copy of the interest rates. The letter stated that I felt that the promissory note was a fraud and that I was willing to pay him what I owed him on the judgement and no more, I also had my atty. at the time send a formal letter re-itterating what I had said.

I recieved no word back for over a year. Then I am served with papers saying that he is suing me over it. The ONLY reason I signed the agreement was because he stated that the amount in the agreement was the money judgemnt. We are going to trial over this and I would like any advice anyone can offer, from personal experience or legal advice. Thank you in advance!
 
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izzy625

Junior Member
my question is

my atty costs are going to wind up being as much as what I am being sued for. I guess I don't know whether to fight it or not. I am inclined to fight it, but I could loose out on alot of money in the long run.

What kind of proof can I provide to back myself up?

I have to letters sent to the LL dating back over a year. So I hope a judge would see that I didn't just refuse to pay and decided to claim fraud when he sued me. Does that help me out?

Should I pay the original judgement or wait for the judge to work it out?

Does he have to prove that he was honest with me about the additional charges over the money judgement?

He never ever ever said anything to indicate to me that there was a difference in what he was awarded and what he was claiming I owed him.

I also forgot to add that at the time he insisted my husband sign the agreement even though we were not married at the time I rented from him and my husband never lived there, we didn't even know each other then, does that make him look bad that he had someone who technically owes him nothing sign the agreement?

Would anyone know if a judge would look only at the validity of the Note or will a judge look at what he is claiming I owe him?

The only evidence he has is the note itself and he has reciepts that he wrote from one company he owns to his property management co. just 2 different letter heads.

Would he have to prove that he never was able to rent the place before my lease expired?

I know the place was re-rented very shortly after I left, because I had several friends who lived in the building and I saw the new tenants with my own two eyes.
 
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