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Is it Trespassing to Post a Demand Letter on Somebody's Door

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  • 11-01-2016, 06:23 PM
    AmKaFergie
    Is it Trespassing to Post a Demand Letter on Somebody's Door
    My question involves collection proceedings in the State of: Arizona
    I am a judgement creditor. I personally know the person and am trying to collect. I was wondering if anyone call tell me about the trespassing law. Can I cross their driveway and post a letter on their door if they have a No Trespassing sign posted?
  • 11-01-2016, 09:45 PM
    Taxing Matters
    Re: Is it Trespassing to Post a Demand Letter on Somebody's Door
    Arizona Revised Statutes (ARS) section 13-1502 defines third degree trespassing in part as “ Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.” (Bolding added.) If the area is a fenced residential yard, then it may be first degree trespassing even without a sign there. ARS § 13-1501(2) defines entering or remaining unlawfully to “an act of a person who enters or remains on premises when the person’s intent for so entering or remaining is not licensed, authorized or otherwise privileged except when the entry is to commit theft of merchandise displayed for sale during normal business hours, when the premises are open to the public and when the person does not enter any unauthorized areas of the premises.” (Bolding added.)

    The posted sign gives you notice prohibiting entry. So the issue here is whether your entry on to the property is licensed, authorized, or otherwise privileged. Simply entering the property to post an ordinary “letter” is not going to be licensed, authorized or otherwise privileged absent consent of the property owner. So what are the contents of this letter and why do you need to post it on the property rather than simply mailing to the judgment debtor?
  • 11-01-2016, 11:30 PM
    adjusterjack
    Re: Is it Trespassing to Post a Demand Letter on Somebody's Door
    Quote:

    Quoting AmKaFergie
    View Post
    My question involves collection proceedings in the State of: Arizona
    I am a judgement creditor. I personally know the person and am trying to collect. I was wondering if anyone call tell me about the trespassing law. Can I cross their driveway and post a letter on their door if they have a No Trespassing sign posted?

    The person owed you money and wouldn't pay.
    You sued the person and he still wouldn't pay.
    You got a judgment and he still wouldn't pay.
    You've got to be just a little foolish to believe that delivering a "demand" letter is going to get him to pay.

    Why bother, when there are other, stronger, methods of enforcing a judgment?

    Like wage garnishment, bank account levy, recording the judgment so it becomes a lien on his home, summoning him for a debtor's examination.

    Delivering a "demand" letter is like conducting the Spanish Inquisition with a feather.
  • 11-02-2016, 07:49 AM
    Mr. Knowitall
    Re: Is it Trespassing to Post a Demand Letter on Somebody's Door
    Quote:

    Quoting adjusterjack
    View Post
    Delivering a "demand" letter is like conducting the Spanish Inquisition with a feather.

    https://www.youtube.com/watch?v=XnS49c9KZw8
  • 11-02-2016, 10:03 AM
    adjusterjack
    Re: Is it Trespassing to Post a Demand Letter on Somebody's Door
    One of my top favorite sketches.

    I thought I remembered a feather in there.
  • 11-04-2016, 01:09 PM
    AmKaFergie
    Re: Is it Trespassing to Post a Demand Letter on Somebody's Door
    I was posting the letter, which is more like an invoice, to inform them of their current balance due. Which is their "right to know" according to the court judgement.
    As far as mailing it instead- i drive past their house frequently and was saving myself money (and according to the judgement- Their money in turn) in stamps and envelopes that they would just Return to Sender...

    "Why bother, when there are other, stronger, methods of enforcing a judgment?

    Like wage garnishment, bank account levy, recording the judgment so it becomes a lien on his home, summoning him for a debtor's examination."
    I already have a lien on their house-which really does nothing unless they try to sell it or do bankruptcy.
    Wage garnishments as well as the other garnishments-cost alot of money to try and put into place. To do a bank or wage garnishment, you have to at least know where they bank and/or work. And these people are not known to hold a job for long...(and they would have to be served yet again)
    And I have already spent a few hundred dollars trying to get them served for a debtor's exam. They wont let themselves be served. And with the lack of a steady job, its kind of hard to predict when they Might step out of their house. I would literally have to spend $300- $500 to have someone stakeout their house to try and catch them.
  • 11-04-2016, 01:15 PM
    jk
    Re: Is it Trespassing to Post a Demand Letter on Somebody's Door
    Quote:

    Quoting AmKaFergie
    View Post
    I was posting the letter, which is more like an invoice, to inform them of their current balance due. Which is their "right to know" according to the court judgement.
    As far as mailing it instead- i drive past their house frequently and was saving myself money (and according to the judgement- Their money in turn) in stamps and envelopes that they would just Return to Sender...

    "Why bother, when there are other, stronger, methods of enforcing a judgment?

    Like wage garnishment, bank account levy, recording the judgment so it becomes a lien on his home, summoning him for a debtor's examination."
    I already have a lien on their house-which really does nothing unless they try to sell it or do bankruptcy.
    Wage garnishments as well as the other garnishments-cost alot of money to try and put into place. To do a bank or wage garnishment, you have to at least know where they bank and/or work. And these people are not known to hold a job for long...
    And I have already spent a few hundred dollars trying to get them served for a debtor's exam. They wont let themselves be served. And with the lack of a steady job, its kind of hard to predict when they Might step out of their house. I would literally have to spend $300- $500 to have someone stakeout their house to try and catch them.

    Based on this additional information, entering their property would be trespassing and leaving a notice from you is pretty close to an admission it was you.


    Find another way.


    and now you are finding out why a judgment itself is effectively worthless in a lot of cases.
  • 11-04-2016, 01:16 PM
    AmKaFergie
    Re: Is it Trespassing to Post a Demand Letter on Somebody's Door
    Quote:

    Quoting Mr. Knowitall
    View Post
    https://www.youtube.com/watchv=XnS49c9KZw8

    That is a great sketch😂😂😂
  • 11-04-2016, 01:31 PM
    adjusterjack
    Re: Is it Trespassing to Post a Demand Letter on Somebody's Door
    Quote:

    Quoting AmKaFergie
    View Post
    I was posting the letter, which is more like an invoice, to inform them of their current balance due. Which is their "right to know" according to the court judgement.
    As far as mailing it instead- i drive past their house frequently and was saving myself money (and according to the judgement- Their money in turn) in stamps and envelopes that they would just Return to Sender...

    I already have a lien on their house-which really does nothing unless they try to sell it or do bankruptcy.
    Wage garnishments as well as the other garnishments-cost alot of money to try and put into place. To do a bank or wage garnishment, you have to at least know where they bank and/or work. And these people are not known to hold a job for long...(and they would have to be served yet again)

    And I have already spent a few hundred dollars trying to get them served for a debtor's exam. They wont let themselves be served. And with the lack of a steady job, its kind of hard to predict when they Might step out of their house. I would literally have to spend $300- $500 to have someone stakeout their house to try and catch them.

    Given that additional information it is clear that you are dealing with professional deadbeats and the likelihood of you ever collecting is slim to none no matter what you do. Believe me, I know all about that, having been a landlord for 20 years until I got rid of my rentals and never looked back.

    You might as well just send your invoice regular mail for all the good it's going to do you.

    Then get on with your life and hope that one day they will want credit for something bad enough so that they will have to pay you to get the judgment satisfied and the lien released.

    Unfortunately, the chances of that happening are also slim to none. With all the recorded judgments that I had, it only happened to me once, about 4 years after the lawsuit and when I told the deadbeat how much it would cost her, she just swore at me and hung up.

    Sorry to have to be such a downer, but sometimes that's how it is.
  • 11-04-2016, 01:46 PM
    Taxing Matters
    Re: Is it Trespassing to Post a Demand Letter on Somebody's Door
    Quote:

    Quoting AmKaFergie
    View Post
    I was posting the letter, which is more like an invoice, to inform them of their current balance due.

    Then it would appear that you would indeed commit trespass if you enter on to that posted property to attach a letter to the door. Best thing to do is mail it instead. As for cost savings, an envelope and first class stamp will cost you perhaps $1. It’s not like it’s a huge amount at stake here. Your cost should the defendant really push prosecution for trespass would be much higher.

    Very likely the debtor will not pay just getting a letter from you, either stuck on the door or by mail. A letter has no teeth and is easy to ignore. Zap his wages or bank account once and he’ll sit up and take notice. Once you start actually taking stuff that’s when he may start getting reasonable about finding some way to pay you. Until then, though, he knows it’s all just a bluff.

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