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I AM A TENANT SCREENING COMPANY IN PA. I DID A CREDIT REPORT…

Customer Question
I AM A TENANT SCREENING...
I AM A TENANT SCREENING COMPANY IN PA. I DID A CREDIT REPORT ON AN ATTORNEY IN NY THAT SHOWED JUDGMENTS ON THE TRANSUNION CREDIT REPORT. HOWEVER I DID A EVICTION SEARCH AND FOUND HE HAD LITIGATION FROM A PRIOR LANDLORD. HE HAS CALLED ME AT LEAST TWICE A DAY AND SENT ME LETTERS DEMANDING THE ACTUAL COURT DOCUMENTS. I HAVE BEEN IN CONTACT WITH HIS FORMER LANDLORD AND THEY VERIFIED THE INFORMATION IN WRITING.
HE JUST SENT ME A LETTER VIA FAX THAT IS WAS GOING TO SUE ME AND ASKED ME FOR A FORMAL SETTLEMENT. IS THIS LEGAL WHAT HE IS TRYING TO DO?
Submitted: 6 years ago.Category: Criminal Law
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Answered in 7 minutes by:
2/23/2012
Criminal Lawyer: RobertJDFL, Lawyer replied 6 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,829
Experience: Experienced in multiple areas of the law.
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Thank you for your question. After reading my answer, if you require additional information, press "REPLY" and I will be happy to assist you further.

 

It's not unlawful for him to say he is going to sue you. However, I fail to see based on these facts, exactly what he believes he can sue you for. You are permitted to do a background check on him, and the court documents of an eviction and any litigation are public record anyway (so he, or anyone else can just get them from the court). I'm sure he knows this. You haven't invaded his privacy in any way nor defamed him in any way. I think he's just upset that you found the records and is grandstanding.

 

Now, if he actually filed a lawsuit in bad faith knowing that he didn't have a cause of action, that might be considered unethical or acting in a manner that violates the Rules of Professional Conduct for an attorney.


 

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Customer reply replied 6 years ago
HE ALSO STATES IN THE LETTER THAT MY NEGLIGENT AND OR INTENTIONAL ACT HAVE CAUSED HIM GREAT HARM. THAT I PROVIDED A FALSE REPORT. I KNOW I AM NOT RESPONSIBILE FOR THE TRANS UNION CREDIT REPORT NOR AM I RESPONSIBLE THAT HIS LANDLORD HAD TO TAKE HIM TO COURT FOR NON PAYMENT. BUT IF HE CONTINUES TO THREATEN ME WITH LAWSUIT WHAT AM I SUPPOSE TO DO?
Criminal Lawyer: RobertJDFL, Lawyer replied 6 years ago
If the harassment continues (and I think he'll soon stop being a pompous idiot and go away) you have a couple of options. First, you could have a lawyer write him a cease and desist letter -basically a strongly worded letter that tells him to back off, that all of the information was verified through the credit unions and then his former landlord, and that if there is a cause of action againt anyone, it would be those parties. Furthermore, if he continues to harass you, you will pursue all legal remedies. Because he's an attorney he may just ignore it, or he may not.

The second option is to contact the authorities in New York and report it, because this may constitute aggravated harassment in the second degree, a Class A misdemeanor.

Under the NY Penal Code Section 240.30:

A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she: 1. Either (a) communicates with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or 2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or 3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or 4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years. 5. For the purposes of subdivision one of this section, "form of written communication" shall include, but not be limited to, a recording as defined in subdivision six of section 275.00 of this part. Aggravated harassment in the second degree is a class A misdemeanor.

I would argue that calling and writing you constantly for the purpose of annoying you is harassment.
And, since the communications originated from NY, he would be charged in NY.
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Customer reply replied 6 years ago

OK, I WILL KEEP IN TOUCH. THANKS SO MUCH.

Criminal Lawyer: RobertJDFL, Lawyer replied 6 years ago
You're very welcome. Kindly remember to press ACCEPT so I am credited for my time assisting you. You'll still have the ability to reply and ask related follow-up questions if you need to.
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