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abbeygilmore
abbeygilmore
Asked: May 18, 20222022-05-18T18:41:24+00:00 2022-05-18T18:41:24+00:00In: Bankruptcy and debt

Rented a 2 car garage and had to file eviction for non-payment

Colorado: Rented a 2 car garage for storage. Had a signed lease and background check done. Had to file eviction for non-payment. During eviction learned the woman I rented to stole the identity of another woman (the two shared, at different times, a boyfriend giving access to the drivers license and SSN used to pass the background check) at court the woman whose identity was stolen, I’ll call her A (somehow) got the woman who stole her identity, I’ll call her B to appear in court.

The judge vacated the eviction on A and placed B with her correct identity on the eviction. Because of covid she continued the case. Charges were pressed for identity fraud and criminal impersonation with the DA’s office, however B was not arrested in court. B left and then fled the state. I continued to attempt service but B evaded service. In absence of service, judge closed case. Today detective called to say B was arrested and charged under outstanding warrant. B has a court date for the identity fraud and criminal impersonation on 5/16.

How do I re-engage to seek my damages for the eviction? (about 5K with court fees inclusive) B has already admitted in eviction court, under oath, to the identity fraud and criminal impersonation and that she was the true renter of the garage.

car garage for storagecoloradoevictionstole identity
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    1. alisawarmund-kermisch
      2022-05-18T19:16:31+00:00Added an answer on May 18, 2022 at 7:16 pm

      Press criminal charges!

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    2. theodorecarbajal
      2022-05-18T19:47:49+00:00Added an answer on May 18, 2022 at 7:47 pm

      the DA is already pressing criminal charges for the fraud and impersonation, but that will not (I don’t believe) get me a judgement to recover my loss from the nonpayment and eviction.

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    3. alisawarmund-kermisch
      2022-05-18T20:28:35+00:00Added an answer on May 18, 2022 at 8:28 pm

      I’m sorry. But you have a resolution from your case that I assume was filed in JP Court? So next step after the criminal charges get done is suing them. Are they worth suing?

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    4. theodorecarbajal
      2022-05-18T21:26:45+00:00Added an answer on May 18, 2022 at 9:26 pm

      I do not have a resolution. The case was closed by the judge b/c “B” evaded service. To my knowledge I do not have any claim for the Fraud and Criminal Impersonation case as for those 2 charges, until after they are complete I can not show I had a direct loss from the fraud. My understanding is that without service to my case, the only thing I could do was get a judgement from “A” who was the identity theft victim, so I don’t want to re-victimize them to then go after “B” but since the judge vacated “A” and replaced with “B” I feel like I should have a process to re-open the case since I know where I can serve them now. I just don’t know procedurally how to do so.

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    5. alisawarmund-kermisch
      2022-05-18T21:48:28+00:00Added an answer on May 18, 2022 at 9:48 pm

      you can’t get a judgment without being the one that prevailed in the case. There was a resolution – just not in your favor. You can appeal but that takes you into another jurisdictional level which means litigation which will be expensive. That’s your choice. I know it was all unfair and I don’t like a system that basically is built around litigation costs.

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