And, Ah, Justice For All!

I recently had occasion to file a small claim against someone - my renter to be specific.  Now, mind you, I've passed through nearly 5 decades in my life and never had the 'joy' of this experience.  It couldn't be all that difficult, right?  I mean, the good guy always wins!  I had all my paperwork in order and my case against her was strong.  But dare I digress to give my reader a little background information?

I never imagined I'd find myself in the position of a landlord. Never in a million years to be exact!  But, I was laid off from my job last December and found that I couldn't afford to live in my house and pay for my health insurance.  Hmmmm.  Not much of a choice.  To make a very long story short, I put the word out and a friend of mine had a friend at work who was looking for a house to rent. . . .nice family, a couple of kids, loved to work in the yard, husband was a handyman around the house . . . you get it..... the perfect family.  So the rental agreement was signed and I left the state to lick my wounds from the job situation, feeling very fortunate to have such great renters who would provide an income for me while I looked for work.

All was well for the first 3 months or so, and then the rent was a late so I called to make sure everything was alright.  Turns out my "Leave it to Beaver" family was nothing as I'd imagined.  In the first place, they were never married.  In the second place, he left her for someone else a week after they moved in.  Yipes!  My mind started to race with all the possibilities of things that could go wrong, but I was sweetly assured that she 'could handle it and loved the house.  Three more months passed and then there was no rent deposit made to the bank.  I waited 6 days before calling her and was accosted by denials that she hadn't missed paying the rent.  She'd made a cash deposit to the bank.  The bank must have lost her deposit!  I politely inquired if she had a receipt.  Oh, she'd lost it.  That turned into a week or so of the bank grilling each of its tellers about all of their deposits for the date she claimed to have made the deposit.  No deposit in that amount surfaced.  Then my renter determined she must have made it on a different day, so the tellers got to do it all over again.  Needless to say, hers was not a popular name at the bank.  Again, nothing.

So, she switched to another tactic and claimed the bank stole her money from her, but meanwhile, remember I still have no rent for the month.  We're halfway into the month by now.  I learn from my renter that I have to "work with her" and not charge her rent since she "made the deposit to the bank".  Interesting idea, but I wasn't buying it.  We did manage to work out a payment system over 2 1/2 months time, which I felt was extremely generous.....no interest or anything.  She made the first $75 'installment' and then gave me a 9 day notice that she was moving out.  Wow!  So much for being an understanding landlord!

Did I feel I got screwed?  You betcha!  Did she show up to do a walk through after she moved out?  No way.  Can you guess why?  Nearly every room in my house had damage done to it, whether it was holes in the sheet rock, torn screens from her dogs, broken blinds, broken doors, you name it.  And filth....unbelievable filth!  As an added bonus, she left me more that 3 gallons of used oil in the garage, used auto parts to dispose of, missing drain stoppers and even took off with the mail box keys!

Was I angry?  You betcha!  Did I want the back rent and cost for repairs out of her?  Absolutely!  It was only fair, I mean, she lived in the house and should pay what it cost to live there and if she caused damages over and above the cost of her security deposit she should have to cough that up too, right?  So I found myself at the courthouse filling out the paperwork to file a small claim against her.  I'm telling you, I don't know how it is where you are, but just getting the clerk to be of assistance was difficult.  I mean, what are my tax dollars going for?  She could barely give me the time of day much less the information I needed to complete the process.  I can play the dumb blond as well as the next lady and I really don't mind playing that card.  I explained up front I had no idea how to file a claim, but it was like pulling teeth to get any information out of her. 

I got the forms completed in spite of the clerk, got the papers served and had all my documentation ready in the event that my renter wanted to take this to court.  I mean, I had photos of the damages, receipts, invoices, copies of emails between her and I, you name it.  I was ready to roll.  I should have wondered when she didn't respond within her 14 days.  Well, actually, I did wonder.  What little tricks does she have up her sleeve?  Or does she just know she's in the wrong here and has nothing to fight this with?  It all seemed pretty cut and dried to me.  I was at the courthouse the 15th day, as the paperwork stated I should be to turn it all over for signature by the judge so I could file a lien against my renter (finally!) and begin to recoup my losses.
It didn't bother me quite so much to deal with the snippy clerk because this was a done deal and would be over soon.  So I turned it all in and waited for the mail and the sweet release of the monies due me.  But wait!
The letter from the Circuit Court came and I was told:  "Note: In small claims cases, a judgment with a money award under $3000 does not create a judgment  lien unless the judgment creditor (that's me) files for one under ORS 46.488 (3)."  Huh?  Now you tell me! 

So I Google ORS 46.488 (3) and here's what I find:     When a judgment is entered in the small claims department in an amount of $10 or more and less than $3,000, exclusive of costs or disbursements, a judgment creditor may at any time before expiration of judgment remedies for the judgment under ORS 18.180 (Expiration of judgment remedies in circuit court) create a judgment lien for the judgment by paying to the clerk of the court that entered the judgment the fees established by ORS 21.325 (Miscellaneous circuit court fees) (1) and (2) and requesting that the clerk of the court note in the register and in the judgment lien record that the judgment creates a judgment lien. Upon receipt of the fees and request for creating a judgment lien, the clerk shall note in the register that the judgment creates a judgment lien. Upon entry of the notation in the register, the judgment creates a lien as described in ORS 18.150 (Judgment liens in circuit courts), and a judgment creditor may create a lien for the judgment in other counties in the manner provided by ORS 18.152 (Establishing judgment liens in other counties). . . ..blah...blah....blah....

So where am I now?  I'm still out about $1,200 plus my time and frustration over a renter who gets off scott free.  Sure, I suppose I could continue on, but who has the time, energy and actually understands all this legalese?  Ah, certainly not me.  I tried to be a good landlord and understand the situation, given the current economy and difficulties it imposes.  But all parties involved have to be the 'good guys'.  I do realize that hard times make people do things that they might not ordinarily do, but taking advantage of one another should never be excused.  And the justice system?  Well, I have to confess I'm a little soured on that right now.  The next time someone tells me I should go for "justice" and file a small claim against someone, I will definitely think twice about that.  

When It's Time To Say Goodbye . . .

It’s never easy to lose someone we love.  Saying goodbye has to be one of the most difficult things we do.  I said goodbye to my best friend earlier this year and am still struggling with the effects of it.  I knew him from the time he was just a pup.  When we brought him home the first day, my husband swore that he would never sleep in our bed.  That first night, however, with the first whimper, my husband was out of the bed in a flash and scooping that warm, soft pup out of his crate to bring him back into our bed.  Quite the soft-hearted man, my husband.   And so my little ‘man’  snuggled in next to my face, then along a curve in my body, his warmth blazing against me, making me feel like my children were just babes again cuddling in my bed.

I watched him grow, wobbling through the yard on his puppy legs, chasing anything that moved.  He loved to walk the neighborhood and take on the “big dogs”. (He was only 10 pounds)  He’d grab onto their tails and give them a shake.  He thought he was ferocious!  He adjusted to the comings and goings of other animals in the house, a myriad of cats, rats, birds and hamsters.  But he always knew he was special.   He had a place in my heart the others did not.  He had an uncanny knack of seeming to understand my needs, to know when I needed that extra measure of attention, whether it was a little love bite on the toe or an extra kiss.  He was always there to dole it out.  People may offer a kind word when you are hurting or down, but there’s something special about a dog’s kiss or affection.  He has nothing to gain, except possibly an extra treat.  It’s just the unconditional love they lavish on you.

He weathered many storms with me.  He watched each child graduate school and move on, sensing my loss and gathering close to me to fill the void.  He saw me through a move across the state to a new town of strangers and introduced me to many of my neighbors by his friendly nature of greeting each of them at the mailbox.  He helped me through my divorce when no reassuring words from friends could.  There’s just something about being able to cry into the soft fur of your dog and know he’ll never share what you say, never judge what you do and never, never think you’re being foolish.  He bore the burden of the loss of a job, an interstate move, the death of a loved one and the move back home.  He never once complained.

Shortly after I returned home, he had an accident that required stitches.  After the vet examined him, he said he found a tumor on his belly that would require surgery.  Would I consent?  Of course I would! Anything to make him healthy.  I got to see him briefly, his sweet face looking at me with love and he seemed to tell me that he understood and trusted that I was doing what was best for him.  I hated to leave him, but reassured myself that I’d see him in a day or so.  Later that night I got the disconcerting phone call about 10:30.  He had taken a ‘turn for the worse’ and his heart had given out.  I’d lost him.  I still can’t remember it without the tears flowing.  He was such a part of my life.  Silly, some would say to be so grief-stricken over a dog!  But a pet is so much more than just an animal, if you allow them to be. They are your best friend, your counselor, your best critic, your support system.

I never saw him after he died; I couldn’t bear to see his lifeless body.  My friend buried him for me on my property on the sandy area by the river where he liked to play.  I like the idea that he’s close.  I have a new dog from the rescue shelter to fill the void, but it’s not the same.   Nothing, no one can ever take the place of my little man.  He was one of a kind.