Question for any legal types...

[Debau2005]

I had a fender bender in July 2006. The police found equal fault, as we just simply backed into each other. I had $300 in damages, he had $1000. My insurance would not pay him, since it was equal fault. I am not getting my scrach fixed.

He took me to small claims court in January 1007, could not prove his case, so the claim was dismissed. He told my attorney and myself that he was going to appeal to state court. He filed an appeal AFTER the 30 day deadline, so my attorney has filed a motion that the appeal be rejected.

He has now sent me a debt collection notice. Not from him, but from thr real estate company that he owns.

I am tired of the continued harassment, and threats. Is there anything I can do to make this stop? I am to the point of suing him for harassment!! Can I make a complaint against him to the real estate board?

Is it legal for him to file a debt collection against me from his company? He did not sue me in court through his company he did it personally. The debt collection notice does not mention him. But a simple google search of the company he is claiming I owe, takes you straight to his real estate website!

Thanks!!

[ScreamingMeemie]

1. He sent a debt collection through his real estate company??

Wow. He's got nuts. I'd file a complaint against him with the board (boards don't look happily upon misuse of licenses), and then have a lawyer write a nice letter with regard to state laws against harrassment. If a judge found there was no case, and no reason for you to pay, then you are in the clear.

[Debau2005]

3. He is nuts

That was evident the day of the incident, when he told me to write him a check and it would go away! He has sent me a certified letter last month stating that even though his claim was dismissed I should still pay him. My attorney has sent him a letter telling him to deal with her, and to leave me alone.

I am waiting to hear back from her this morning.

I have to say that my insurance company was the one that appointed me an attorney, and she has been SUPER! I could not have asked for better representation.

This has gone since July, and I am just tired of it. I have this nagging fear that he is going to come by one night and take $1000 worth of damages out of my car.

I guess he thought I would just pay the $1000 to the debt collection and never enquire who I owed the debt to!

[AllegroRondo]

2. definitely file a harassment claim

against both him and his company.
I'd also report the company to the Better Business Bureau, and the Real Estate Board. They dont like this kind of thing.