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Thank you! I do have a bit more to clarify.
This was my first time to deal with a tenant; originally the lease agreement was between him and a property management company. I requested the company evict him while our agreement was still in effect, but it took a few months to get him out of the property and while they said they would honor the 'eviction protection policy' I purchased, the agreement expired (I chose to not renew) yet they continued to handle tenant issues (rather poorly) until he left the premises. I do not know if he explicitly agreed to receive information via email, HOWEVER his entire lease agreement was handled via email by the property management company (review, sign, etc via docusign, at the email address I then used to send his the photographs and advice that his security deposit would likely not cover the damages, etc). That set a precedent about how matters regarding his contract and obligations would be handled, didn't it?
Additionally, if I file the motion am I asking that the $37 against the Defendant be tossed out or am I asking that the entire judgement for Plaintiff be reversed (which would in effect be asking for a judgement of $1953 against Plaintiff)? Will the case be re-heard? The monetary judgement is not significant in my opinion, but the principal behind this entire transaction with the tenant IS significant. The interactions I have had with him cause me to believe he does this on a fairly regular basis and I would like to send the message that his fraud is not going to work any longer.
Hopefully this is the last bit of clarification I need :)
Does any one action take precedence over the other? I would like to report him to the DA to take care of the perjury instance, and I would also like to file the Motion to Vacate Judgement. However, if I file the Motion to Vacate and it is for whatever reason denied, would that affect the ability to report the perjury to the DA? I feel the Motion to Vacate is the most urgent thing timewise, but I'm not sure. If I fail to file the Motion, but instead proceed with the DA, I have to pay the judgement against my company which almost seems like an admission of guilt. So does the perjury even matter at that point? Would the DA see I paid the $37 and not pursue the case?
Sorry for all the questions, but I get one shot at this and I want to stop this guy from continuing the fraudulent behaviour. He told several carefully constructed lies on multiple occasions during his tenancy. One of the most infuriating was his inability to pay rent or move out on the originally agreed date because his girlfriend was pregnant and they were in a financial bind, so I chose to not pursue him for the damages above his security deposit. I indicated this on my countersuit. During the hearing, he HEAVILY played the race card and insinuated that I was making judgements against them based on ethnicity, he has no idea why I would think they were unable to pay damages, etc etc. Complete parasite!!!
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