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.
Press criminal charges!
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.
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?
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.
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.