Dear Cantor,
Don't you just hate it when people lie?
This isn't going to be easy. And it will require some boldness,
pushiness and/or some money to an attorney or investigator. Since you
are talking about a substantial amount of money (at least $6,000 if
they were there for at least one year), you will not be able to file
in Small Claims Court. You will need to file your case in municipal
court. So you'll be hiring an attorney.
It would have been terrific if you had made a copy of the change of
address forms before you gave it to them or the post office.
But here are some ideas (most of them operate on the assumption that
you know the boyfriend's name):
1) Talk to the neighbors. If you can get written affidavits from any
of them confirming that they have seen him there, long-term. That
would be a start. Better still, at least one neighbor should be able
to come to court to be cross-examined. The only thing is, they could
testify that he was generally there. But not that he was living there.
2) Subpoena the post office for copies of those change of address
forms.
3) If the boyfriend was living there, he was getting mail there - from
phone or cell-phone company, DMV, employers, perhaps even tax
agencies. See if you can track down any of those and subpoena copies
of any correspondence, auto registrations, etc.
a)Perhaps even voter's registration. Contact the Secretary of
State's office - THAT would be definitive.
b)Tax returns. If you can get a subpoena for his last couple of tax
returns and it showed that address, then you've got him nailed. You
will need his Social Security number.
c) Bank accounts. If he had one? That may be easier to subpoena and
only requires his name.
4) A private investigator may be worth the cost. For a hundred or two,
they can do some records searches and employment searches and get some
confirmation for you about this fellow's mailing address during the
time in question. Could be well worth the price - and you won't look
so bad to your neighbors. And the PI may be able to find DMV records
relatively easily.
5) Or, just be patient for a little while. One thing that is certain,
if he lived there, he will get mail there that the post office won't
catch and forward. If he had even semi-decent credit, he will credit
card solicitations. If he had bad credit, he will get secured credit
card solicitations. Snag those and PHOTOCOPY the envelopes before
sending them on to the post office. Do NOT keep them. That would be
mail tampering.
So, you do have options. It all boils down to how aggressively you
want to pursue them. If I am not mistaken, you may have two years in
which to file a lawsuit on contracts. (Don't rely on this. Ask the
court or an attorney.)
Oh yes, the simplest way? Just have your attorney file the lawsuit,
naming your tenant. (She's the one with whom you had the contract.) As
part of discovery, demand that SHE produce the boyfriend's drivers
license, auto registration, cell phone bill, W-2 or 1099s, and tax
returns for those years. You won't have to pay for the investigation.
And if she refuses, the court will have something to say about that.
And if she provides any of the information, at least you'll have
enough data about him to get an investigator started.
Good luck!
Your TaxMama-ga |
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