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Legal Inconsiderations
Naturally these deposit thefts leave the BULLIEE open to potential law suits, but they have that
covered, too. For starters, the law only allows for "up to" triple the amount with the statutory damages
imposed. If that award was made every single time they went to court, and one out of every three
victims sued them, it would not cost them a cent beyond minimal court expenses. The fact is, for a number
of reasons that will never even happen!
Many of the temporary judicial officials who decide the vast majority of small claims cases are also
landlords themselves, and virtually none of them are tenants. As humans, most of them begin, consciously
or not, with bias against the plaintiff, and do not even have the incentive of an oath of office to encourage
them to overcome it. Since the law does not require the penalty to be imposed, even when a case is
decided in the tenant's favor, he still loses because it is rare that any damages or even interest are ever
actually awarded. That means that the crook not only skates without penalty, but even gets out of some of
his actual obligation to the victim. Yet most plaintiffs feel lucky to have recovered their original investment,
despite having had to earn it back again!
The predator has his song and dance all worked out in advance. He claims that it was just an
oversight, inadvertent, and probably his manager's fault, as if that relieves him of his responsibility. He acts
as if it is just a fluke, a one time occurrence, and his victim is trying to capitalize on a chance to rip-off the
poor millionaire.
Despite totally ignoring the tenants' repeated request for their refund, rudely hanging up on them if
they ever catch him by phone, and even going so far as to dare "Why don't you sue me?", his big defense is
"I didn't know." As his victim is inexperienced and concentrating on trying to recover his stolen money, he
would never think to research his antagonist's history.
The bench is generally more interested in disposing of the case than seeing anything as irrelevant"
or "immaterial" as evidence. Even though he may have been sued for this same thing dozens of times
before, they only want to focus on this particular time exclusively. Even if he appears before a real judge
(one who has sworn to uphold the law) or a pro-tem or commissioner who actually tries to rule fairly based
on the merits of the case, the chances of being recognized as a repeat offender are extremely slim. Since
he goes to courthouses all over the county and there are so many different adjudicators in each location, he
hardly ever comes before the same one often enough to be remembered, and they invariably buy into his
repetitious ploy.
The bottom line is that he will almost never have to pay anything more than occasional court costs
over giving back the original deposit. That means he gets off practically free nearly every time he gets
caught and taken to task for it, and is rewarded with the entire amount from victims who don't accomplish
this formidable chore.
The BULLIEE has other distinctive advantages as well since he is quite experienced and gets plenty
of practice to employ his strategies, which have been perfected by him and his cohorts for many years. He
is quite familiar with the process and knows he has almost nothing to lose. He can schedule his time as
needed and doesn't even have to bother with it at all until his opponent figures out and meets all the
requirements of getting him into court. He doesn't have to put up a cent unless he loses and can keep using
his victim's money until then.
Each time this takes place, he is going up against a different victim, and so whatever the last one
learned from that experience will never be used against him by anyone else. He only has to face one
opponent at a time, so no matter how many of them come after him, he only has to answer for one single
action in any given appearance, the same as if there never was any other. Sometimes he even knows the
judge from having appeared before him to evict other tenants. He also knows he can lie with impunity in
court while the naive former tenant will most likely tell "nothing but the truth." Compromises tend to wind up
somewhere between the claimed extremes regardless of whether they are factual or exaggerated.
The renters have usually never had to go through the court process before, and have no idea what to
do, how to do it without making costly mistakes, or how difficult and time consuming it will be. They have to
take time off from work, not just for the hearings, but every time they have to file a form or correct a mistake.
They often have to almost start over, and sometimes wind up finding that the cost to them is more than what
they stand to gain by fighting back. They usually don't allow for indirect expenses such as additional child
care, transportation and lost time from work. Sometimes their job is even jeopardized because of this. They
can't afford to lose, have to put up all the court costs in advance with no guarantee of recovering them, and
have the responsibility to make sure everybody does everything right. Usually they have just recently
moved and had to put up another deposit along with overlapping rents and probably at a higher rate. They
may know the deck is stacked against them, but most likely have no idea just how high.
There is also another distinct advantage for the perpetrator. Since he has already shown that he has
no compunctions about breaking laws, his adversaries will find that he has already done that from the start
in order to prevent them from being able to sue. The law (CC 1962) clearly states that landlords must tell
tenants who the people are behind the company that owns the property and where to have them served for
lawsuits. Not only has he violated this one in advance, but he has taken further steps to prevent renters
from being able to obtain that information necessary to bring him to court. Most of them use a fictitious
name such as "F. U. Partnership," at a mail drop address with a disposable cell phone number, all of which
can be easily changed as needed. This means that even if victims are willing to pursue him, they will hit
another obstacle that often turns out to be too much to overcome.