Cease and Desist

The Lounge is for non-sport-related topics other than politics, war and religion. Order up your favorite beverage, kick back and enjoy the conversation! RATING: PG-13
Cease and Desist
Fri May 23, 2014 10:27 am
  • tl/dr version is that my son's apt burned down and the landlord denied access, withheld security deposit and delayed cutting a prorated rent check.

    My son Brett and his girlfriend Jalayne have taken to facebook, yelp and the like to voice their displeasure and this is the letter that was served to them today:

    Dear Mr. Salois and Ms. King:
    This law firm represents the Curry Building and Full House Property Management. Our understanding is that you were a tenant in the Curry Building until the very unfortunate fire earlier this month that destroyed and made the building uninhabitable. We are sorry for your inconvenience and the problems that this may have caused you.
    The purpose of this letter is to put you on notice that we have observed you posting comments on the internet that are misleading, false, and libelous. We understand that this sudden move has been inconvenient and likely stressful for you. Your comments, however, are not helping the situation. Furthermore, you do not have all of the facts. Consequently, cease and desist all further comments and remove all comments you have posted from the internet within 48 hours. I have enclosed several of the comments that we have found; however, you are required to remove all comments you have made whether or not they are included with this letter. Failure to do so may result in a lawsuit against you for libel and other damages.
    I feel it appropriate to address each of your allegations. First, the cause of the fire had nothing to do with faulty wiring. The fire marshal and insurance company independently concluded that the fire was not caused by faulty wiring.
    Second, you complain about mold, bed bugs, lead paint, no heat, floods, and no electricity. Full House Property Management has promptly responded to all concerns and or complaints raised about the condition of the building.
    Third, we are sorry for the challenge and inconvenience you had in taking your personal items from the building. What you conveniently failed to mention in your posts, however, is that when the fire department put out the fire, they destroyed all of the interior doors. Consequently, Full House Property Management had a duty to all of the tenants to protect all of their stuff. If a tenant had entered the building without Full House Property Management’s knowledge or consent, they could have cleaned out the entire building (including your apartment) as they would have had access to all of the apartments. It was not Full House Property Management’s decision that you had so little time to remove your personal items. That decision was made by the City of Great Falls, the insurance company, and cleaning/restoration company.
    Fourth, you complain about the security deposit. You never paid a security deposit. Your third roommate did. If you have documentation to prove otherwise, please provide it.
    Finally, we understand that you are being interviewed by a journalist. We are not telling you that you should not participate in such interview. However, if you say anything to the journalist for which you do not have supporting documentation and evidence (in other words the issues described above), this will be deemed as a further act of slander and libel. Consequently, please consider your words very carefully.
    I am happy answering any of your other questions or concerns. And I would be happy to discuss this matter further with the journalist. I can be reached at the information above or my direct line of 731-5518.
    Very truly yours,
    JARDINE, STEPHENSON, BLEWETT & WEAVER, P.C.
    By:
    Joshua I. Campbell


    Here is what Jalayne posted on Facebook (most of the other posts read like this):

    So you make us live in horrifying conditions, bed bugs, floods, mold, no heat, no electricity at times, outlets catching on fire, neighbors who stab each other, you've never ONCE taken care of our needs without making us feel guilty, and then you have the AUDACITY to give everyone in the building less than 72 hours to get their stuff out without even notifying them? And on top of that blaming the fire on a woman in a coma? Full House Property Management, we will make sure everyone in Great Falls knows your name and the scummy slum lords you are.


    Do any of you legal types see any downside to posting the threatening letter from the law firm online?
    Image
    User avatar
    acer1240
    *SILVER SUPPORTER*
    *SILVER SUPPORTER*
     
    Posts: 814
    Joined: Tue Feb 27, 2007 10:52 pm
    Location: Great Falls, Montana


Re: Cease and Desist
Fri May 23, 2014 11:07 am
  • Playing with fire... Ironically.
    User avatar
    Anguish
    * NET Developer *
     
    Posts: 3692
    Joined: Wed Dec 31, 1969 4:00 pm
    Location: Battle Ground, WA


Re: Cease and Desist
Fri May 23, 2014 11:09 am
  • Anguish wrote:Playing with fire... Ironically.


    Shit
    Image
    User avatar
    acer1240
    *SILVER SUPPORTER*
    *SILVER SUPPORTER*
     
    Posts: 814
    Joined: Tue Feb 27, 2007 10:52 pm
    Location: Great Falls, Montana


Re: Cease and Desist
Fri May 23, 2014 11:25 am
  • Mark, if they have proof of the claims made then you can say or post it because you can back it up. Sounds like everyone should band together if all of those claims are true.
    Image
    User avatar
    Largent80
    NET Ring Of Honor
     
    Posts: 22143
    Joined: Thu Mar 01, 2007 12:38 pm
    Location: NFL WORLD CHAMPIONS 2013-2014


Re: Cease and Desist
Fri May 23, 2014 11:28 am
  • If the things that were written are 100% true and can be proven, they are ok,
    as long as they can afford to defend them selves( hire an attorney).
    If not it would be wise to comply with the letter.

    Letter may just be a scare tactic but why risk it.
    User avatar
    pmedic920
    * .NET Official Stache *
     
    Posts: 4107
    Joined: Fri Jul 12, 2013 8:37 am
    Location: On the lake, Livingston Texas


Re: Cease and Desist
Fri May 23, 2014 11:54 am
  • We do have all phone conversations recorded and the base claims are all based on fact. The general idea is that these folks can afford lawyers and my son and his girlfriend cannot
    Image
    User avatar
    acer1240
    *SILVER SUPPORTER*
    *SILVER SUPPORTER*
     
    Posts: 814
    Joined: Tue Feb 27, 2007 10:52 pm
    Location: Great Falls, Montana


Re: Cease and Desist
Fri May 23, 2014 12:04 pm
  • acer1240 wrote:We do have all phone conversations recorded and the base claims are all based on fact. The general idea is that these folks can afford lawyers and my son and his girlfriend cannot


    Safest and cheapest option is to comply with the letter. IMO
    User avatar
    pmedic920
    * .NET Official Stache *
     
    Posts: 4107
    Joined: Fri Jul 12, 2013 8:37 am
    Location: On the lake, Livingston Texas


Re: Cease and Desist
Fri May 23, 2014 12:06 pm
  • Going to court w/o a lawyer or even a public defender is suicide.
    Image
    User avatar
    Largent80
    NET Ring Of Honor
     
    Posts: 22143
    Joined: Thu Mar 01, 2007 12:38 pm
    Location: NFL WORLD CHAMPIONS 2013-2014


Re: Cease and Desist
Fri May 23, 2014 12:22 pm
  • Largent80 wrote:Going to court w/o a lawyer or even a public defender is suicide.


    I understand that. Am trying to help them tread carefully but they have been literally screwed over in this deal. I have called the newspaper and they did write an article in today's paper :http://www.greatfallstribune.com/story/news/local/2014/05/23/renters-without-home-after-apartment-fire/9476139/

    Best lawyer wins I guess.....

    I, however am mouthing off on facebook, craigslist, etc like there is no tomorrow. They can sue the hell out of me. Nothing to get..
    Image
    User avatar
    acer1240
    *SILVER SUPPORTER*
    *SILVER SUPPORTER*
     
    Posts: 814
    Joined: Tue Feb 27, 2007 10:52 pm
    Location: Great Falls, Montana


Re: Cease and Desist
Fri May 23, 2014 1:40 pm
  • acer1240 wrote:We do have all phone conversations recorded and the base claims are all based on fact. The general idea is that these folks can afford lawyers and my son and his girlfriend cannot


    Been watching a lot of Peoples Court. If it is documented, voiced, texted, or evidenced with eyewitnesses, you have grounds. They need to tread lightly, but you can carry a big stick. Pictures help a lot. A LOT. If they sue, they have the burden of proof to provide. I am sure they have taken copies of the facebook entries already as pro-evidence in case it ends up in court. As is said, if you have some sort of evidence that those things are TRUE, gather them and have it ready for you to cover your butt.
    They can go after you too...but will probably look at the situation prior to such and see how they could benefit from it. Most Lawyers are not stupid. Good luck.
    Cats will rule the world...just ask my cat.
    Gollum had a ring...Bilbo took it...Frodo had it...Gollum got it back.
    Gollum never had OUR ring.
    User avatar
    Seahawkfan80
    NET Veteran
     
    Posts: 1890
    Joined: Sat Nov 05, 2011 12:20 pm


Re: Cease and Desist
Sat May 24, 2014 6:10 pm
  • I could be wrong, but I am pretty sure that libel can only be prosecuted if the statements can be proven false. You do not have to prove them true.
    User avatar
    LargentFan
    NET Starter
     
    Posts: 347
    Joined: Thu Apr 30, 2009 8:38 pm


Re: Cease and Desist
Sat May 24, 2014 11:09 pm
  • IIRC: The ultimate defense against libel, is the ultimate truth.

    LFan: That may depend upon in which State the action is brought.
    If you're walking on thin ice, you might as well dance.................................................Mom
    User avatar
    LymonHawk
    * El Primo *
    * El Primo *
     
    Posts: 5478
    Joined: Tue Feb 27, 2007 10:52 pm
    Location: Skagit County, WA


Re: Cease and Desist
Sun May 25, 2014 6:26 am
  • Let 'em sue. If he was renting, and living in a slum like that, he has nothing to take and the lawyer won't get paid. Then he files bankruptcy and gets out of the whole thing. And the lawyer still doesn't get paid. He should tell that to the lawyer, too, so that the lawyer tells the slumlord to stop wasting his time.
    User avatar
    GeekHawk
    US Navy ET Nuc
     
    Posts: 3892
    Joined: Thu Apr 30, 2009 6:29 pm
    Location: Orting WA, Great Northwet




It is currently Tue Jul 29, 2014 7:22 pm

Please REGISTER to become a member

Return to [ THE NET LOUNGE ]




Information
  • Who is online