How to collect unpaid rent?
Question: what is the best way in which to try to get my money back? : – can I sue them for any damages above and beyond the receipt amounts : (eg. treble damages)? : – they seem to have a history of not paying debts. In what other ways can I : make this as painful to them as it has been to me so that they might not : do it again?
Answer: If you still have the bounced check, you supposedly can keep trying to cash it (at their bank of course to avoid any fees) until it clears one day.
My parents had the same trouble with some office space they had rented and were then subletting to another company. It turns out this company ended up sub-subletting it to yet another firm. After six months or so, the rent check to my parents bounced, and soon after stopped coming entirely. Registered mail was refused. So, my mother called the current tenant, who happened to be a collection agency. They had been diligently paying their rent each month. Needless to say the intermediate company was evicted and the collection agency signed a new lease. They said without getting into legal matters, the most my mother could do was keep trying to cash the check and at least get that money back.
As far as lawsuits go, I’m no expert, but I don’t really see how you suffered treble damages. I would expect your real damages would be the owed money, plus any expenses you incurred trying to recover this money (and I don’t know if legal fees would count at this point).
You didn’t mention if you had checked their credit previously, but I’m assuming if you did you either: (a) ignored any previous bad marks and gave them the benefit of the doubt, or (b) previous debtors just plain failed to report their bad credit in the past.
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