Legal Question in Real Estate Law in

Landlord in the wrong for a change

My past landlord and my self are going to court. He has claimed rent that was not

paid. But luckly I kept all my money orders. I have $5000.00 worth of money

orders that were not own his books, and he was cashing them in three different

bank accounts. Is this fraud to claim this money as not paid when it was, adn to take me to court. I've been told to sue him What everfore.

thanks


Asked on 2/25/00, 2:59 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Landlord in the wrong for a change

I am not a practicing attorney in your jurisdiction. I suggest you consult with local legal counsel. There is a legal action call Malicious Abuse of Process that could be filed. I am not sure if it is available in your jurisdiction. However, you would have to win your legal suit. Basically that cause of action is available if you can prove that someone is using the legal process in a malicious manner. Possible punitive damages can be assessed. You might be able to file a counterclaim for pursuing this legal action in bad faith. It is fortunate that you have your checks. Without them you would be lost. Your landlord could be charge with tax evasion and you could report him to the IRS. The IRS does pay a fee. Good luck. See legal advice and please do not rely on this post.

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Answered on 3/08/00, 4:07 pm


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