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Nasty Lawyer Tactic

Discussion in 'BlackHat Lounge' started by bigpurpleguy, Nov 8, 2010.

  1. bigpurpleguy

    bigpurpleguy Junior Member

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    As an old man by the standards of this forum, I have seen a lot of crap in my day, but here's a new one to me:

    Two friends of mine signed a lease together on a commercial space.

    They both signed personal guarantees.

    The business idea didn't work out, so they never moved into the space.

    The landlord sued them. They chose to not retain an attorney in their defense.

    The landlord won and secured a judgment against them. They were required to list their assets. They set up a payment plan.

    Neither one complied, both of them figured since they didn't really have any assets left they'd declare bankruptcy at some point.

    One day there came a knock at one of their doors- four big cops, a little attorney and her assistant, and a moving company.

    They told him they needed him to pay the judgment or they would take all his stuff. He said he didn't have the money.

    They told him he had an hour to come up with several thousand dollars or they would impound everything of value in the apartment. They proceeded to take everything and put it in the hallway. They took the tv off the wall.

    He came back and paid them, and agreed to pay x per month to finish off the debt- soon after he declared bankruptcy.

    The second friend thought he was safe- but they just did the same thing to him. Doesn't matter if none of the items in the house were his, they had the power to take them all and then the owner would have to file a claim.

    The laws in your state regarding seizure may be different, but be careful of personal guarantees, and remember that lawyers are there to screw you legally, if you don't have one and they do you are at risk.
     
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  2. moose88

    moose88 Newbie

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    wow, but am sure he could have just said that half the stuff in their wasn't his... I would have. and just be as difficult as possible with them. that sucks for your friends.
     
  3. junkie2

    junkie2 Regular Member

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    so let me get this straight, your friends decided to say "screw you" to the landlord and go into bankruptcy when they actually could have paid it?

    sounds like they got what they deserved.
     
  4. singingsleep

    singingsleep Regular Member

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    Thanks for passing along this info, I want to start a brick and mortar one day, came close one time, rented mall space but had to back out last second and it was as easy as getting a refund minus a small fee.

    That landlord is more than a bit greedy I'd say. It's not as if he actually lost anything, but I'm sure the two renter guys did, in the form of deposits, fines etc. to secure the place.
     
  5. apalm8

    apalm8 Registered Member

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    Anyone who goes into business without proper legal counsel or the protection of an LLC or other type of corporation will ultimately pay the price.
     
  6. bertbaby

    bertbaby Elite Member

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    Bizarre, the landlord spent more in legal fees that what he would get for their paltry belongings. I have to assume they had no bank accounts to freeze the assets but then how did they get the personal guarantee? Is this US and what state did this occur in?
     
  7. topsytips

    topsytips Regular Member

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    That wouldn't work in the UK unless you have invoices proving proof of ownership. However, they are supposed to leave you with essential living equipment, such as a bed etc, and any equipment used in the course of your employment.
     
  8. The Scarlet Pimp

    The Scarlet Pimp Jr. VIP Jr. VIP Premium Member

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    do they even know what 'personal guarantee' means? they skipped on the mouthpiece and then decided to declare bankruptcy to skip on the payments they agreed to. is that correct???
     
  9. donb01

    donb01 Newbie

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    "The lawyer who defends himself has a fool for a client"

    alot of truth in that quote thanks for the reminder
     
  10. bigpurpleguy

    bigpurpleguy Junior Member

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    No, that's part of my point. They have to show that X is your residence, once they do that everything inside is fair game. If the stuff they take is someone else's, that person has to prove it- AFTER it's been taken.

    Not really pertinent here, if you read carefully I am just imparting information, not making a judgment. The thing that matters is the landlord has been through this before and knows how to work the system. There was a dispute, they didn't move in, he took their deposit and THEN decided to go after them. Who is right and who is wrong in these matters isn't really the point, the point is if you are inexperienced and think you can "work things out" you'd better be dealing with a saint or a sucker, or you are liable to get screwed.

    And declaring bankruptcy isn't that simple if you have a straight job and a W-2. If you can pay it back, they will make you do so.

    The landlord had already spent the $ on the lawsuit- but as a guy who owns commercial spaces, this is a line item in his budget, and a necessary one, because when you have multiple tenants they need to know you follow through on your threats.

    So when he went after the assets he was just getting what he could, and he is halfway to filling the judgment now.

    As far as I can tell, people usually sue for two reasons, hate/love and because they think they will get $. This guy knows over all he's getting a return on his money so he does it.

    This all happened in Florida.
     
  11. MiLiTARYiV

    MiLiTARYiV Senior Member

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    LOL I'm saying

    What do this have to do with a lawyer and how do you deem them nasty? Because you failed to fulfill a obligation on your behalf and even list your assets and say screw the courts I;m not complying , do now they take your shitznit and you get mad??


    That is why i want to leave America ASAP. Nobody takes responsibilities for their own actions. They always want tob lame somebody else for their fault.

    How do you say the lawyer is nasty or even landlord. YOU WOULD HAD DONE THE SAME THING. You signed a lease and didnt fullfill your end.

    If you would had complied 1st of all with the lease you signed or even listing your assets then you wouldn't had gotten your shitznit taken.


    And yes the landlord filed a motion to take your property, and lawyer is not even needed for that.. I done it before with my ex college roomate without a lawyer. Took his PS3 and flat screen TV. He owed me 1k


    Landlord was smart. You loss He won..

    I know my reply may make you angry , but people hate hearing the truth. The truth is a man worst enemy.


    Next time pay your debt and fullfill your obligations and quit blaming everyone else
     
    Last edited: Nov 8, 2010
  12. hateandbreak

    hateandbreak Supreme Member

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    That's why no1 gives u 40$ a day methods....
     
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  13. onlinewealth

    onlinewealth Junior Member

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    True, an obligation is an obligation. The best thing your friends could have done was to secure another tenant for the landlord which would have limited their obligation. Real estate investors (landlords) want to make a profit just like we all do, but as far as "Lawyers" go, 99% of them make the rest look bad :)
     
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  14. MiLiTARYiV

    MiLiTARYiV Senior Member

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    Like I said in my post:

    "I know my reply may make you angry , but people hate hearing the truth. The truth is a man worst enemy."


    Its the truth. I'm not downing him but telling him the truth.


    Also this is what i stated in my $40 thread. This immaturity and poking fun of. Grow up man. what you said makes you sound like 10 year old kid.

    How would you feel if you were the landlord and had kids to feed. You had 2 people to lease too and you decided to lease to OP and his friend. They cut out on lease and landlord is asz out and now money is tight and cant care for his family properly because OP decided to cut out on his lease.

    Landlord can sue and or take property to make up for the loss..

    What would you do? Tell me.. Let your kids go hungry? Keep letting people skip out on the lease?

    Better yet do a JV with me, I take all your investment money and run for the hills. What would you do??? Would you be wrong if you sue me and take my property?

    Exactly

    People need to take responsibilities for their own actions that all.
     
    Last edited: Nov 9, 2010
  15. bigpurpleguy

    bigpurpleguy Junior Member

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    You really should read the post before you start ranting, it might help.

    First of all, I don't blame anyone. In fact, I don't even really know what happened, and probably can't know who was at fault in the transaction.

    The point of the post was to let people know to be careful about personal guarantees, to consult a lawyer when necessary, and to know about this pretty nasty tactic- which is not how you chose to read the title of the thread, instead making "Nasty" modify "Lawyer" instead of "Tactic" as I intended. I could have been more clear with my wording, but I find it interesting to give folks like yourself the chance to reveal your biases as you have.

    Another bias you've revealed is that you've sided with the landlord- though you know even less about the transaction than I do! Did I mention that the square footage was not as advertised, or that the owner did not replace carpets as promised? Do you think there might be details regarding this case that just might show the lessees had a valid legal reason to break the lease?

    I think what the landlord did was unusual, and the tactic pretty nasty, but it's legal, and it's business, and business is war. Probably the guy is an a$$$%le, but he's a landlord, and landlords have to learn not to believe much of what tenants say, because tenants will eat them alive.

    My friends breached a contract and are suffering the consequences. But there's no moral or ethical reason for them to accept those consequences without a legal fight- and to bring to that fight the best weapons they can find.

    Their adversary sure has.
     
  16. bigpurpleguy

    bigpurpleguy Junior Member

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    You have to be kidding me, did MiLiTARYiV just nick my rep because I hurt his feelings?

    I certainly hope not- public denials appreciated, you're far to angry and honest to lie about stuff like this.


     
  17. MiLiTARYiV

    MiLiTARYiV Senior Member

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    If you meant the other way, I think you kind of worded it wrong. But from reading this it sounds like your blaming others for your problem
     
  18. MiLiTARYiV

    MiLiTARYiV Senior Member

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    No i did not nick your rep. In fact I never even used it before
     
  19. trafficsource

    trafficsource Jr. VIP Jr. VIP Premium Member

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    yeah same sh*t happened with my brother too
     
  20. bigpurpleguy

    bigpurpleguy Junior Member

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    I have no problem with you then, good argument is the stuff I live for hope no hard feelings.

    Twice now little f$%#rs have nicked my rep for basically speaking my mind.

    Rep gives us LIFE in building relationships on this forum, to mess with it because you are angry is an abuse of the forum. Nail people for being corrupt, lying bastards, not for hurting your feelings!

    But the Gods of BHW have smiled on me, somebody has given back the rep that was taken.

    :cat3:
     
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