I'm an Outlaw!

V8Assassin

100mi away ready 2 strike
Joined
Jun 6, 2007
Got the call this morning, evidently I am an outlaw. Assistant Police Chief called and informs me that he has had an arrest warrant on his desk for a while with my name on it and he didn't know how to handle it. The warrant was for felony embezzlement.

This is the story, I am a landlord (for those that didn't already know), back in April I took a nonrefundable deposit to hold one of my rental units for a couple. We had just finished purchasing the property and awaiting final approval from the state health dept to be able to turn on electricty at the unit. I informed the couple of the situation and told them I did not know how long it would be and if they wanted to go ahead and make the deposit that I would not rent the place to anyone else in the meantime, at the point they moved in all monies would be applied to the rent. If, however, they did not want to move in at that time all money would be forfeited. They agreed and we went forward. When the place became available they decided they did not want it anymore and I reminded them of their earlier agreement. Of course that went over like a lead balloon, God forbid someone understand the definition of nonrefundable. Now during the time they went and stayed in a hotel and insisted that I was responsible for not only their original deposit of $500, but also reimbursment for their room which I had very clearly told them I would not give any cash for. The last time I spoke with them I told them to feel free to sue me or whatever they wanted to do, but I was not responsible for giving them their nonrefundable deposit back.

This is where it gets interesting, they go to the police and file a charge. In most cases the city prosecutor would inform them that this is a civil matter and should be taken up in civil court just like all other tennant/landlord disputes. Well me and the prosecutor in question have a history, it started in high school one night when he decided he wanted to fight me because his girlfriend was leaving him and was interested in me. He proceeded to jump on me and take a few swings, long story short he ended up on the wrong end of a bad beating. His family tried to sue, got thrown cause he initiated it, later he sued me again over some stupid stuff, got thrown again, and our last installment was he represented my ex-wife in our divorce. I feel like this is just another of his attempts to get some kind of revenge.

So the assistant chief says he doesn't want to get in the middle, but the couple and the prosecutor said if I paid them the $1100 (deposit and hotel) they would drop the charges. My lawyers clearly stated this was bs and should be in a civil court, but how much did I want to spend to prove it. So there I am with the decision, let them extort $1100 today, or get arrested and spend who knows how many times that to prove that I am right, or at least not criminally liable in any way. So I paid it off, the question now is how to ensure this doesn't keep happening.

Well there's my rant, what a day.
 
That SUCKS:mad:

How is your contract written Adam? Does it cover Motels etc do to inspections. If not I would ammend it.

I will reply more later I just got home from being gone since Monday.

Check with ya later-

Also be careful what ya type---know what I mean.

Ty
 
Do you have anything open I am looking to rent....:biggrin:

Anything in writing? Sue his ass.
 
The contract was worded to reflect what I said, nonrefundable. Problem is I never get to tell that side of it or show it to anyone without costing myself at least three times as much as they were asking for. I say in the past tense cause I went ahead and paid it off. I have been assured this would be dropped, I just can't stand being strong armed.

I had them sign statements releasing me from any liablility or wrong doing before I handed over a cashiers check.

Don't worry I wouldn't discuss this publically if I had not already handled it. The question now is how to stop it from happening again, I plan to file with the state bar association monday morning.
 
I feel your pain bud! Sounds like Ahoskie NC:eek: Ask BWEAVY;)

I don't know what I would have done...


What I would have liked to have done was to tell them to bring it on and sue the couple and have that damn prosecutors job... He will never stop messing with you... That is still a CIVIL complaint regardless. I would not let it go. I would go over his head starting with his boss then up the chain until I got respect. That is total BS and fits the definition of extortion IMO:mad:

This happens all the time at the car lot... We have held cars for 30 days with as little as $200. When they can't get the rest of the D/P up they come in and want that back:mad: Same as with you it is on the receipt NON REFUNDABLE!!! They always come back with "but I didn't buy it though":rolleyes::confused::mad:

Most of the time I just give it back as it isn't worth the broken windows, keyed fenders, and flat tires the next morning...

You should really do something about that dude... What a pain in the butt!
 
You need to contact the State Attorney General and report prosucutorial misconduct... The prosecutor should have recused himself.

This was clearly a civil issue and a criminal court has no jurisdiction.

Might want to have your atty persue the issue. Remember the old axiom: Pay now or pay later.

paying off the people who were complaining was just a way to reenforce bad behavior. Don't be surprised if you encounter future issues...

Good Luck.
 
You need to contact the State Attorney General and report prosucutorial misconduct... The prosecutor should have recused himself.

This was clearly a civil issue and a criminal court has no jurisdiction.

Might want to have your atty persue the issue. Remember the old axiom: Pay now or pay later.

paying off the people who were complaining was just a way to reenforce bad behavior. Don't be surprised if you encounter future issues...

Good Luck.

Maybe even get him disbarred.
 
The contract was worded to reflect what I said, nonrefundable. Problem is I never get to tell that side of it or show it to anyone without costing myself at least three times as much as they were asking for. I say in the past tense cause I went ahead and paid it off. I have been assured this would be dropped, I just can't stand being strong armed.

I had them sign statements releasing me from any liablility or wrong doing before I handed over a cashiers check.

Don't worry I wouldn't discuss this publically if I had not already handled it. The question now is how to stop it from happening again, I plan to file with the state bar association monday morning.

Curious if you have the right to take them to small claims with your signed contract and get the money back?
 
blackmail

Let it go. Its not worth the ulcer. If this guy has been around for a while he probably is a member of "the good 'ole boys" network, and your attempts to get him in deep doo doo will be for naught. You lost $600. Eat it and get on. Life is too short and Karma's a b--ch.:wink:
 
ok old age talkin here.. this def sucks but is it worth the aggravation and lawyer fees ?? I would do what you did.. pay em and move on. Can't let the crap eat at ya !! Been there an done it :mad:
As far as the city prosecutor.. every dog has his day :p don't know what you can do BUT I would be thinking about it for a while.:eek:
 
I not a lawyer, (but I did stay at a holiday inn express last night) :)

but to me is sounds like you have a very good case against them. I don't think you can use the threat of jail to get money from someone this was/is a civil. I would call the state attorney general. I just looked this up on ask.com


Extortion
--------------------------------------------------------------------------------
Most states define extortion as the gaining of property or money by almost any kind of force, or threat of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action. While usually viewed as a form of theft/larceny, extortion differs from robbery in that the threat in question does not pose an imminent physical danger to the victim.
 
That Sucks! I have been wondering what ever happened with that and there it is.. That couldn't be closer to extortion if I have ever seen it.

One question though, If you were to pursue the extortion route with a lawyer and he was found guilty wouldn't he be liable for the attorney fee's? I thought was how it usually works but not sure.

I would get a free consultation from a lawyer Outside the city that does not know him or care about him and if he felt 100% that you have a great case and a 99% chance on winning I would go for it BUT even if you were to win and the Di*k looses his job I think he would just stalk you and try to make your life miserable. Adam you might have done the right thing but dishonesty is hard to walk away from sometimes.

See you next week!

SW.
 
Thanks for all the replies, it's great to have a place to rant these types of frustrations and hear from people removed who can be objective.

Alright, I have discussed this further with my attornies and my sister in law (Georgetown Law Grad, very sharp), we are not letting this go. The couple has been paid every penny they say I owe, and all charges are to be dismissed.

Going forward we will be making the appropriate calls to my Senator, Congressman, Bar Association, and a few others. I can't say much more about it than that, except to repeat this is just the start of this. I don't plan on being harrassed like this again.
 
Slum lord!!!!

Now we're both out of $600!!

Seriously you did the right thing. Just get over it and move on. You'll make it back one day.
 
All I can say is congrats on kicking his ass along time ago. I guess he cries about is still.
 
Yup, being a landlord sucks. I have one tenant that is under court order to move this weekend, after not paying rent for a year. If not, then I have to go back to court to get an execution and the sheriff will remove them. Then I have to hire professional movers and pay for storage for a month. The court ordered them to repay the 7k in back rent at 25 dollars a month (what a joke). Her mother lives on the second floor and decided to call the code department for some water stained drop tiles. I can't wait for the friggin real estate market to break just a little. This will be the third eviction in 18 months and it is just one building with 3 units.
 
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