Threatened With a Report of Public Assistance Fraud

[Mack1974]

I have a big problem and I don't know what to do.

I was renting an apartment to someone (this was 3 years ago) and I won a judgement to collect. The reason I waited until recently to collect was because the lawyer at the time dropped my case. I hired a new lawyer 2 months ago to go after this guy and she filed something called an information subpoena - of course he contacted me to try to settle it I'm angry because I rescued him from being homeless - I have not gotten back to him or told my attorney, here's why

I rented an illegal apartment to him and loaned him some money. I also collect disability from social services for severe depression and since he paid me some money towards his debt in cash I didn't report it to them. I never gave him a receipt for the money he gave me because I didn't want it in writing that
i received money for fear that he may use it against me with DSS. Admittedly I did a couple of stupid things, I was just so infuriated at the time. He's an independent contractor - Three years ago i called one of his clients - and then bragged about it in an email to him. Over the years he sent me several emails on his own "claiming" to want to pay me back but all he needed was the receipt for the money he already paid me...I either ignored him or told him to screw off. ..personally I think he's lying and using this pathetic receipt excuse because he knows I don't want it in writing.

Here's what has me absolutely terrified, when I contacted one of his clients he sent me an email threatening me that if I called another one of his clients again he would report me to the dept of social services and show them the summonses and judgement papers claiming I tried to defraud DSS, I always thought he was bluffing. When he recently contacted me in response to the information subpoena he mentioned he was going to DSS and sent me copies of the court documents to prove he had them. I ignored him (which I regret now)

Today a mutual friend called me and told me he made an status update on his facebook page that he was it a restaurant that's only a half a mile from DSS. He called him and asked about it (he knows about my case) and he did confirm that yes he was there for that reason to inquire about reporting me. The friend who contacted me doesn't live far from there and met him for lunch to try to talk about it, and he didn't say yes or no that he would change his mind. He said he had a ton of proof in emails and texts and even showed him pages of proof with text logs and emails. that he has tried to contact me over the years(technically he did, but i know he was just stalling) This guy also lives in Brooklyn, this proves he's vindictive as he traveled a long way from Brooklyn to Garden City to do this.

If he did go to DSS would they listen to him? could he use the court documents to prove I defrauded DSS? Will they take him seriously? If he did report me, can I go after him for blackmail? I'm terrified every time my doorbell rang today I had to look out the window to make sure it wasnt the authorities. Will they cancel my benefits and/or have me arrested? I also did some research on the information subpoena and found out he could oppose it and have it vacated, could he use the above mentioned proof? Please do not ridicule me for being stupid, as I was writing this email I realized that I was being stubborn. I realize I made a huge mistake sending him those emails, but is there anything I can do to resolve this without me losing my house? Thank you Thank you

P.S. If he did go to DSS and we get this resolved and he did indeed report me to dss - could he call DSS and take back the report? If I tell my lawyer to go after him for being in contempt of court for ignoring the information subpoena can I have him arrested?

[Taxing Matters]

You didn’t say in what state you are located and that makes a difference as laws on extortion/blackmail vary by state. I strongly suggest you tell your present lawyer about this ASAP. What you tell her about it will be confidential under the attorney-client privilege and she can advise you what risks you run in pursuing collection from this guy and what possible ramifications there might be for your failure to report to DSS the money you received from him.

[Mack1974]

My apologies, its new york state - nassau county

[llworking]

I have a big problem and I don't know what to do.

I was renting an apartment to someone (this was 3 years ago) and I won a judgement to collect. The reason I waited until recently to collect was because the lawyer at the time dropped my case. I hired a new lawyer 2 months ago to go after this guy and she filed something called an information subpoena - of course he contacted me to try to settle it I'm angry because I rescued him from being homeless - I have not gotten back to him or told my attorney, here's why

I rented an illegal apartment to him and loaned him some money. I also collect disability from social services for severe depression and since he paid me some money towards his debt in cash I didn't report it to them. I never gave him a receipt for the money he gave me because I didn't want it in writing that
i received money for fear that he may use it against me with DSS. Admittedly I did a couple of stupid things, I was just so infuriated at the time. He's an independent contractor - Three years ago i called one of his clients - and then bragged about it in an email to him. Over the years he sent me several emails on his own "claiming" to want to pay me back but all he needed was the receipt for the money he already paid me...I either ignored him or told him to screw off. ..personally I think he's lying and using this pathetic receipt excuse because he knows I don't want it in writing.

Here's what has me absolutely terrified, when I contacted one of his clients he sent me an email threatening me that if I called another one of his clients again he would report me to the dept of social services and show them the summonses and judgement papers claiming I tried to defraud DSS, I always thought he was bluffing. When he recently contacted me in response to the information subpoena he mentioned he was going to DSS and sent me copies of the court documents to prove he had them. I ignored him (which I regret now)

Today a mutual friend called me and told me he made an status update on his facebook page that he was it a restaurant that's only a half a mile from DSS. He called him and asked about it (he knows about my case) and he did confirm that yes he was there for that reason to inquire about reporting me. The friend who contacted me doesn't live far from there and met him for lunch to try to talk about it, and he didn't say yes or no that he would change his mind. He said he had a ton of proof in emails and texts and even showed him pages of proof with text logs and emails. that he has tried to contact me over the years(technically he did, but i know he was just stalling) This guy also lives in Brooklyn, this proves he's vindictive as he traveled a long way from Brooklyn to Garden City to do this.

If he did go to DSS would they listen to him? could he use the court documents to prove I defrauded DSS? Will they take him seriously? If he did report me, can I go after him for blackmail? I'm terrified every time my doorbell rang today I had to look out the window to make sure it wasnt the authorities. Will they cancel my benefits and/or have me arrested? I also did some research on the information subpoena and found out he could oppose it and have it vacated, could he use the above mentioned proof? Please do not ridicule me for being stupid, as I was writing this email I realized that I was being stubborn. I realize I made a huge mistake sending him those emails, but is there anything I can do to resolve this without me losing my house? Thank you Thank you

P.S. If he did go to DSS and we get this resolved and he did indeed report me to dss - could he call DSS and take back the report? If I tell my lawyer to go after him for being in contempt of court for ignoring the information subpoena can I have him arrested?

We have already heard this story from the opposing point of view. Either the guy you sued is also posting his story on forums or you are him, trying to get different answers than the ones we gave.

[Mr. Knowitall]

Are we to guess here that you were receiving SSI and you chose not to accurately report either your assets or your rental income to the SSA? The incoherence of your post makes me suspect that llworking is correct, and you're making up the story (or at least this side of it).

If somebody reports you to DSS or the SSA for fraud, they are free to investigate. We have no way of telling you whether they will take the report seriously. We have not read the documents you filed with the court, so we have no way of telling you whether they are evidence of fraud in relation to whatever benefits you were supposedly receiving.