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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  8+ years defending Misdemeanor and Felony cases.
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I had tenants who were living in my home that have finally

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I had tenants who were living in my home that have finally moved out, they vandalized my property (while conveniently claiming that someone broke in the last night they had there and conveniently stayed in a hotel that same night) they also stole the couch that I left behind for them to use. They have no other means in communication so I have been trying to get them to explain their actions to me via Facebook messages. Now they are apparently getting angry because I want answers and are trying to claim harassment. I simply want answers and their accountability of doing me wrong.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Do you have a security deposit from them? How much do you estimate the total damages are?
Customer: replied 1 year ago.

The deposit was 300.00 and they were late four out of six months of their lease, causing me to be late with my mortgage. so I already deducted the late fees. However between the couch and the damages the cost goes well over the remaining deposit.

Expert:  CrimDefense replied 1 year ago.
Thank you for the additional information. Based on the facts which you stated, it does not appear they are going to cooperate with you and provide you any information to evidence the damages caused. If there was an alleged break-in, this should be reported and documented to the police. The police should consider speaking with them as well, if they still technically resided there. If they are unwilling to pay for the damages, you will have no choice but to sue them in court and obtain a judgment. I have provided for you below, that the State of Virginia considers harassment. Certainly review this and determine if you conduct could amount to it, in the event they wanted to call the police. However, by doing so it would likely avail them to you being able to know where they reside, so you can serve them with a summons and complaint, when going after them for the damages. If they do not want to answer you, they do not have to. In a case like this, you can make it clear that if you do not get their cooperation, you will sue them.

Harassment means to repeatedly annoy or attack a person or group in such a way as to cause anxiety or fear for safety. Several different types of harassment are against Virginia law.

It is unlawful to publish a person’s name or photograph with identifying information, such as social security number, driver’s license number, personal identification number (PIN), credit or debit card number, or address, with the intent to coerce, intimidate, or harass another person. (Code of Virginia § 18.2-186.4) This offense is a Class 1 misdemeanor. If the victim is a law enforcement officer, the offense is a Class 6 felony and there is a mandatory minimum term of confinement of six months.
Prank telephone calls are a form of harassment. The law states: Any person who uses obscene, vulgar, profane, or indecent language or threatens any illegal or immoral act with intent to coerce, intimidate, or harass any person on a telephone or through a text message is guilty of a Class 1 misdemeanor. (Code of Virginia § 18.2-427).

If a person calls, pages or texts another person with the intent to annoy that person, both the person making the call and any other person who allows use of his/her telephone are guilty of a Class 3 misdemeanor. (Code of Virginia § 18.2-429) If the call is made to an emergency response telephone, such as police, fire, or emergency medical service, with intent to annoy, harass, hinder, or delay emergency personnel in performance of their duties, the person making the call and the person whose telephone is used are guilty of a Class 1 misdemeanor. (Code of Virginia § 18.2-429)
It is also illegal to harass someone using a computer or computer network. If a person has intent to coerce, intimidate, or harass and communicates obscene or indecent language or threatens an illegal or immoral act, the person is guilty of a Class 1 misdemeanor. (Code of Virginia § 18.2-152.7:1)

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Expert:  CrimDefense replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.

So I am basically looking for the botXXXXX XXXXXne I guess...would it be a waste of time to sue them for the damages and stolen couch, and should i just leave them alone. And I am still trying to figure out if they can turn me in for the harassment that I have apparently inflicted upon them...I have not threatened other then saying that I will take them to court if they do not make amends for the missing couch and damages.

Expert:  CrimDefense replied 1 year ago.
Based upon your actions, I do not think it would amount to harassment. However, if they told you to stop contacting them via facebook, I would cease messaging them at this time. With that being said, I think you should proceed and sue them for the damages. Make sure you document everything, as evidence will need to be presented to show what happened. If they are making a claim that the home was vandalized, let them defend the lawsuit. If they fail to do so, you will obtain a default judgment against them.
Customer: replied 1 year ago.

Ok thank you, XXXXX XXXXX area of concern in this matter is I currently live now In Maryland, and my is in Norfolk, Va, do I have to go back to the county that the house is in or can I go to any court house in VA.

Expert:  CrimDefense replied 1 year ago.
Yes, that is current. You would need to file in the county where the subject property is located. Thank you for allowing me to help. If there is nothing further, please remember to rate my help with 3, 4 or 5 faces, so I can get credit for my answer.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 17000
Experience: 8+ years defending Misdemeanor and Felony cases.
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