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kevin | Can a person really sue my grandfather and win??? |
an ex tenet who was evicted is now sueing my grandfather for un returned security deposit. well that sounds nice but you cant take money from social security or his pention right? please provide your'e information source. p.s the tenet didnt get her deposit back because her cat pissed all throughout the house causing a few thousand dollars in damage. basicly the ex tenets where white trash. as to why my grandfather never gave them a notice I don't know. but its like it told him " don't bother going to court they cant take garnish your social security or pention" . one more thing my grandfather is to cheap to get an estimate on the damage so no use in counter sueing. BTW WELFARE ( the state) paid her secerity deposit.
Additional Details
remeber folks she never paid the deposit WELFARE did. it's not her money |
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jitterbugj
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I am assuming this will be in small claims court. A non-show by either party will result in the other party winning. Your Grandfather should definately go to court and defend himself. He dosen't have to counter sue - just go tell his side of the story including the part where the original deposit check came from Welfare and not from her.
You are right that they cannot garnish his social security (not sure on the pension) but why let this "white trash" get away with this? |
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financing_loans
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Why would you tell your grandpa not to show up? That makes no sense. If he doesnt show up, they can ask for anything they want. They will get a summary judgement because he didnt show.
So lets say the Judge gives them 2,000 dollars. Its now a judgement. They can take anything out of his bank account, or they can put a lien on his property, his personal house, or the rental house.
Make sure he shows up to court. And its up to the Judge to decide whos money it is, not yours. I think you should stop giving your grandpa advice, because its not really good.
No offense just calling it like I see it.
Good Luck to your Grandpa.
******** UPDATE **********
NO I think we all get it besides you. Thats up to a Judge to decide not you. And giving your grandpa advice is probably not a good idea. We all get what you are saying. But you are acting like you know exactly what a judge is going to do, its not your choice. The judge will give it to your grandpa, back to the tenant or back to welfare. But its not your choice to unilaterally decide that. They have these things called laws. And you have to follow them. |
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kurlyone82377
 |
A tenants security deposit is to cover the damages they may leave behind when the move. She shouldn't be able to sue because she caused the damage. But if it does end up going to court your grandfather is probably going to have to prove how much the repairs cost, so I hope he kept receipts. |
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T I
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Yes. They could also bring up that, by law they should have gotten a written notice 30 - 60 days before eviction. Grandpop should get 3 estimates, and go to court. |
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little78lucky
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at first glance on your question i would have said yes but since the state paid it i believe it would be up to the state to ask for it returned if they feel it should have been but im no lawyer...as far as garnishing his social security if hes a landlord he has more income then social security alone but yes social security can be garnished |
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Rick B
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Sure they can. He obviously has at least one asset since they were renting it from him.
If they are white trash, they are brobably just bluffing. |
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helprhome
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Check the state real estate laws. I can't give you a link because you didn't give me a state! but, if you search for REAL ESTATE COMMISSION and your state abbreviation you will find it. Then you may have an issue in that he may have been required to give her reasons in writing why he held the money! IF you still have the carpet(I kind of hope not) you might want to bring a piece to court if it goes that far. See if your county has a landlord tenant department and ask them to mediate. IF welfare paid it might fall under Section 8. You can contact the section 8 people and explain what she did to the carpet and how upset your grandfather is about it. Did he let them have the cat etc. (goodness of his heart and they took advantage...They don't want to lose anyone who agrees to use his property as a Section 8 house again so they may actually solve this for you by telling her what's what and that will just finish it! Couldn't hurt to try. Good luck |
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haffded
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it sounds like an idle threat.
has your grandfather been contacted by a lawyer?
prolly not. fergetaboutit |
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George S
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Anyone can sue anyone for anything. If the ex-tenant wins the trick will be collecting. As someone already pointed out he has property that could be attached and I'll bet he has a bank account where his SS checks and pension are deposited. So don't ignore the lawsuit because if the tenant wins he/she could make life miserable for grand dad. He should have no problem proving the damages to the rental property caused by the tenant so I doubt the tenant could win this one. |
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T_Rae
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They could take him to court, and if they won he would be held accountable to pay. I don't think they could garnish his wages since it's social security and pension, but that depends on which state you're in. This page is for Oregon, and it says no they can't. Just tell him to fully document the damage that occurred: take lots of pictures and/or video, keep the carpeting or a piece of it as further proof. It doesn't sound like they have the money for a lawyer in the first place though.
Google "collection of judgments" for your state.
http://www.osbar.org/public/olsbooklets/bankruptcy/judgements.html |
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