Legal answers please. I am being sued by my landlord and my bank is doing something funny?
Saturday, November 6th, 2010
at
4:56 am
eaglelover_1967 asked:
I am being sued by my landlord for rent my bank previously verified was made to the apartments. I have to file a response by tommorow. I called the bank and left multiple messages on Friday and even spoke to someone who was going to fax me something but, never did and then I could not get a hold of them again. Today I am either getting a busy signal or no answer at all on my banks line. My bank is an internet bank and I cannot go to where they are to confront them. I do not know what to do. I am worried about the bank but, feel I have paid my rent. Please help. Should I file the response without documentation and then provide the documentation later? If you respond and are a lawyer please identify that. I am a resident of San Diego, CA if you need that info. I am just so worried that I will lose my home.
I do have a bank statement showing that it cleared. I gave this to my landlord who then required the letter from the bank. Which was faxed and received but, now the landlord has filed this lawsuite and I cannot get ahold of my bank to get anything further.
I am being sued by my landlord for rent my bank previously verified was made to the apartments. I have to file a response by tommorow. I called the bank and left multiple messages on Friday and even spoke to someone who was going to fax me something but, never did and then I could not get a hold of them again. Today I am either getting a busy signal or no answer at all on my banks line. My bank is an internet bank and I cannot go to where they are to confront them. I do not know what to do. I am worried about the bank but, feel I have paid my rent. Please help. Should I file the response without documentation and then provide the documentation later? If you respond and are a lawyer please identify that. I am a resident of San Diego, CA if you need that info. I am just so worried that I will lose my home.
I do have a bank statement showing that it cleared. I gave this to my landlord who then required the letter from the bank. Which was faxed and received but, now the landlord has filed this lawsuite and I cannot get ahold of my bank to get anything further.
Tagged with: Busy Signal • Help File
Filed under: Online Banking
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Get a temp. statement from your bank showing where and when the check cleared.
So, THE same thing happened to me. What a nightmare- landlord threatened eviction and I knew and had the proof that the check cleared. Unfortunately since you have a bank that you cannot go to- your statement will have serve as the proof. I would continue to redial your bank until I get the Customer Service MANAGER. Explain your situation and (nicely) explain that time is now of the essence and you need verification via fax. With these simple steps it may help your situation. So try to continue to phone and do not stop until you get an answer. GOOD LUCK
answer the complaint on time or you may loose the right to fight it,
then send email to bank to get verification by the time you go to court
You should file a response today so that the case does not defualt. At the same time, request a continuance of the case so you have time to gather supporting evidence. This is called ‘discovery’. Your statements are an example of discovery evidence.
What you will need to do is look at the contract language inside the agreements between you and the internet bank and also your rental agreement with your landlord. While I am sure the bank language supports your case, the fact is they may have gone out of business.
I suspect your rental agreement states that ultimately you are responsible for the rent. If the landlord’s account does not reflect that the rent was received through a transfer, you are likely responsible. However, you also may use your statements and file your own lawsuit against the bank–if they issued a statement saying they paid when they did not, you have a case.
If they are going out of business and have committed fraud, you may be in a long line of people attempting to get resolve on debts. Contact your state attorney general’s office and issue a complaint.
Time is important on doing this since if the bank is going bankrupt, the issuances of debt resolutions will possibly be made (ultimately through a court order) by order of filing against them.
A word to the wise: never use an internet bank that does not have a local branch. Get a local account going where you can establish a relationship with them.