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Hello, my name is Richard-Bizlaw and I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.
If you were not the tenant, why were your assets attached? If the landlord liquidated assets in payment of debt owed to the landlord, why wasn't there an accounting to show how much of the debt remained unpaid?
Before I attempt to answer your question, I need to be sure that I understand the facts.
A former tenant owed the landlord back rent. That tenant had assets in the rental space that was valued by a court appraiser at over $30K. The debt owed by the former tenant was about $20K. You entered into a new lease for the premises and the landlord was to liquidate the old tenant's assets to pay the back rent owed the landlord. The landlord ignored the appraised value of the property and took the property away.
The landlord then claimed that you were the partner of the former tenant and sought and obtained a writ of attachment against your assets claiming that you owed her $80K. Is this $80K based on a new debt or some other debt to the old tenant?
You are challenging the writ of attachment and have filed a counterclaim against the landlord that you would like to amend to include all the potential claims you have against her.
If my understanding is not correct please let me know how it is not correct.
Here are the potential claims you can assert against the landlord. Abuse of process for procuring a writ of attachment based on a claim that you owed money and the assets you owned might not be sufficient to cover what was owed. Since she already had in her possession sufficient assets to pay the past due rent and that she knew those assets that she was supposed to sell were sufficient to pay the debt. That is a perversion of the claim she needed a writ of attachment.
Misrepresentation as to the value of the assets in the negotiations with the insurance settlement would be a basis for a fraud claim. Finally, for selling and taking assets worth more than the amount owed you would sue for an accounting of the profits of the sale as the sale of more assets than those needed to pay the debt would also be a conversion.
Those are the claims I think you have. However, you need to be very clear on the facts because from what you put in your post you both admit to being a partner and deny being a partner which leaves you vulnerable to being treated as a partner liable for the former tenant's debts.
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The wrongful attachment claims would be in the civil amended complaint. On interference with prospective economic advantage you have to be able to allege that the landlord knew of the prospective advantage with which she was interfering. The other claims you listed apply to the situation you describe in your posts.
Frankly the partnership issue is very unclear. You best defense is that you never held yourselves out to the world as partners and the landlord knew you were not partners it was just a medical accommodation. Your best evidence may be the determination that the injunction was invalid because the PP had no claim on your assets. That you may be albe to use as a conclusive determination that no partnership existed and the transfer of assets to you was valid. You probably can prove that no partnership ever existed but I do not think you can claim the landlord acted fraudulently by claiming you were a partner because there is evidence to support the existence of a partnership. However, I cannot predict how the partnership issue will be resolved.
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