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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32354
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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A former landlord from 8 years ago came into a store I

Customer Question

a former landlord from 8 years ago came into a store I manage mid June this year 2016. He spoke to me of debt I owe in front of a customer, also adding stuff like "you remember me, I think you remember me" There was a judgement on this case in his favor. Yesterday, July 21, he came into the store and walked up to me and asked if I plan on ever paying him back. I told him he had to leave. What course of action do I have?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I live and work in Iowa, he lives in Wisconsin
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: before the judgment/case hearing he left a message on my phone (once again this is from 2008) stating that he would "hunt me down" . He did, and when I was at work he showed up at my new residence and told my fiance that he had belongings of mine that he demanded to know what to do with them. He told my fiance if she didn't answer, he'd put in out on our lawn. He ended up bringing everything into my place as my fiance was in a little shock from this. I called the police, they said to call them back if he comes back. Now, 8 years later he's came into my work place 2 times. I did work three stores down from where I am now and for some reason he showed up at my previous place of employment several times but never confronted me. Once again, he lives in another state.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It is possible that he violated the Iowa state Fair Debt Collection Practices Act. The federal act only applies to debt collectors but the the Iowa state version can apply to the original creditor as well. So, you could sue him under that law.

Also, you can send him what is known as a "criminal trespass warning" that would prevent him from re-entering your property or the property where you work, assuming that you have the right as the store manager to bar people from entering the store.

Finally, you could also sue for an injunction to prevent him from contacting anyone, speaking to anyone about your debt, etc.

All of these are complicated issues so you likely want to hire a lawyer to assist you.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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