Mom lied

[mollym.sequoia@]

Even assuming that situation is the same one that the OP is talking about now that other thread does not contain nearly enough information to determine if the OP might succeed in a claim against the mother. Although one thing is pretty clear if this is the same situation as the other thread: there'd be no claim for fraud.

It is the same situation. (See comments below) could it still sue for breach of personal guatanty?

 

[mollym.sequoia@]

Is this a scam you run against "losers" who come from wealthy families?

No, its the same situation. Same family. They live in idaho which is why i put the state as idaho because that's where I have to enforce the judgment because they bankn with idaho first, but it all originated in Califirnia when I rented to the daughter. But its the same case (see my comments below). I'm still going through this.

 

[Zigner]

It is the same situation. (See comments below) could it still sue for breach of personal guatanty?

If it's the same situation, then why did your prior thread say it was a verbal agreement, but this thread says it was a written agreement?

What was the reason for the demurer?

You should have the matter reviewed by a local attorney. If that local attorney thinks you have the required "ammunition", then you should choose if it's worth it to proceed. Please understand that you may have to file suit in Idaho, depending on the facts of the situation.

 

[Zigner]

The breach took place in California and was for a rental that was damaged and back rent.

That may not, in fact, be true. The daughter's breach occurred in CA. The mother's occurred in ID.

 

[mollym.sequoia@]

Again, without a judgment against the mother, you cannot pursue court-sanctioned collection against the mother.

Could I sue her for breach of guaranty? I know I can sue her, but would it be adventagous to do so? Her letter said the following:

"I, VD, am responsible for my daughters expenses. I pay them out of an account we set aside from the money she received from the family Trust. Please accept this as her proof of income." It was handwritten, signed and dated and I still have it.

V paid her daughters monthly rent each month direct deposit from her bank to mine. It stopped a few months before I evicted the daughter, the mother kept saying she would send the money for the rent but never did. The daughter did extensive damage to the house in retaliation for the eviction. The total of the judgment against the daughter is $60k. The unpaid rent is about $14k. I only expect the mother to be responsible for the unpaid rent since that is what she agreed to. The damage her daughter caused isn't really her responsibility. Or is it since she covers her daughters expenses and the judgment is now an expense?

 

[mollym.sequoia@]

If it's the same situation, then why did your prior thread say it was a verbal agreement, but this thread says it was a written agreement?

What was the reason for the demurer?

You should have the matter reviewed by a local attorney. If that local attorney thinks you have the required "ammunition", then you should choose if it's worth it to proceed. Please understand that you may have to file suit in Idaho, depending on the facts of the situation.

I didn't think I kept the written agreement, but did find it eventually and submitted a copy to the judge so they know she gave me that letter. I also included it when I asked the mom, before going to court, if she would honor it. She immediately contacted her lawyer . The reason for the demurrer? I'm not really sure. It was confusing. Something about her not being responsible for the damage her daughter did, but I would only expect her to cover the unpaid rent as she had said she would pay the rent and had a history of paying the rent. I was too confused and scared of the lawyer, though.

 

[mollym.sequoia@]

And, is there a statute of limitations on a breach 9f guarantee? This whole thing started two years ago.

 

[Zigner]

Could I sue her for breach of guaranty? I know I can sue her, but would it be adventagous to do so? Her letter said the following:

"I, VD, am responsible for my daughters expenses. I pay them out of an account we set aside from the money she received from the family Trust. Please accept this as her proof of income." It was handwritten, signed and dated and I still have it.

V paid her daughters monthly rent each month direct deposit from her bank to mine. It stopped a few months before I evicted the daughter, the mother kept saying she would send the money for the rent but never did. The daughter did extensive damage to the house in retaliation for the eviction. The total of the judgment against the daughter is $60k. The unpaid rent is about $14k. I only expect the mother to be responsible for the unpaid rent since that is what she agreed to. The damage her daughter caused isn't really her responsibility. Or is it since she covers her daughters expenses and the judgment is now an expense?

That makes it worse. That's not even an agreement that she will pay you. At best, it's a promise that the trust will pay you...and even then, it's really just a statement that that's how things work generally and not a specific promise (guarantee) to you.

 

[quincy]

mollym.sequoia, it is best not to use real names in your posts to this forum. Your post was reported to have the moderator remove the identifying information.

The statute of limitations in Idaho for breach of written contract/breach of guaranty is 5 years (for oral contracts, it is 4 years).

A guaranty must be in writing and dated and signed and the essential terms of the guaranty must be clear and unambiguous. “All expenses” may not meet the latter condition.

 

[zddoodah]

I tried to sue the mother at the same time, but she got a really fancy lawyer who in turn filed a demurrer.

I can understand why. The language you quoted is not a personal guaranty. It was expressly given solely as proof of the daughter's income. It's possible that you might be able to enforce the judgment against the daughter's entitlement under the trust that was mentioned. I suggest you seek assistance from a local attorney.

 

[mollym.sequoia@]

Does it matter that I have a paper trail showing that VD paid the daughters rent every month via direct deposit? Would that, plus the letter i mentioned, add substance to my claim that she did guarantee she would cover the rent. She did verbally agree to it. Wouldn't that help prove I'm telling the truth about our oral agreement if I were to sue her for breach of an oral agreement? Would that even matter?

 

[mollym.sequoia@]

Does it matter that I have a paper trail showing that VD paid the daughters rent every month via direct deposit? Would that, plus the letter i mentioned, add substance to my claim that she did guarantee she would cover the rent. She did verbally agree to it. Wouldn't that help prove I'm telling the truth about our oral agreement if I were to sue her for breach of an oral agreement? Would that even matter?

I have texts discussing her responsibility to pay the rent as well. When she failed to pay toward the end of the tenancy, we texted back and forth about it and she said she would mail the check.

 

[quincy]

I have texts discussing her responsibility to pay the rent as well. When she failed to pay toward the end of the tenancy, we texted back and forth about it and she said she would mail the check.

Any documents you have that indicate the mom promised to pay rent for her daughter will help. I am not sure what you have indicates clearly that her promises extend beyond possible rent payments, however.

Depending on how the account for the daughter was set up, your current judgment against the daughter might alone allow for seizure of the funds being held.

As to oral agreements, they are only as convincing as the person is who is speaking to the terms of the agreement. The more believable the party, the better that party has of a ruling in his/her favor.

 

[zddoodah]

Does it matter that I have a paper trail showing that VD paid the daughters rent every month via direct deposit? Would that, plus the letter i mentioned, add substance to my claim that she did guarantee she would cover the rent. She did verbally agree to it. Wouldn't that help prove I'm telling the truth about our oral agreement if I were to sue her for breach of an oral agreement? Would that even matter?

Generally, an oral agreement to be responsible for the debts of another is not enforceable. Idaho Stats. section 9-505(2).

To the extent you have a written agreement, no one who hasn't read the relevant documents can opine intelligently about the enforceability of the agreement.

 

[quincy]

Because of the size of the judgment ($60,000), it is probably worth the expense to have an attorney in your area personally review what you have gathered in the way of text and email exchanges with the mother, and any other tangible evidence you might have, to see where you stand legally against the mom. The attorney also could help you investigate further the account that was set up for the daughter to cover the daughter’s “expenses.”